Legal Opinion

Spiesberger Bros. v. Thomas

Supreme Court of Iowa

Decided October 20, 1882PublishedCited by 8 opinions

Appeal from Hardin Ci/rcmt Court. This action was brought before a justice of the peace to recover upon a promissory note. The amount called for by the note was $91.50, being the principal, $90, and the accrued interest, $1.50. The note also provided for an attorneys fee.

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Appeal from Hardin Ci/rcmt Court. This action was brought before a justice of the peace to recover upon a promissory note. The amount called for by the note was $91.50, being the principal, $90, and the accrued interest, $1.50. The note also provided for an attorneys fee. The court rendered judgment for the plaintiff for $91.50 as the amount of the note, and for cost taxed at $12.05, and allowed as a part of the costs an attorney’s fee of $9.15, being ten per cent of the amount allowed upon the note. The defendant removed the case by a writ of error to the Circuit Court, which confirmed the…

1Opinion of the Court

Ádams, J.

The case comes to us upon a certificate, and the questions certified are in substance as follows: whether upon the hearing of a writ of error the Circuit Court has the .right to inquire into the sufficiency of the evidence upon which the justice of the peace predicated his judgment; whether in determining the jurisdiction of the justice an attorney’s fee provided for is to be considered as a part of the amount in controversy, or treated as costs; and whether, under the statute, it is absolutely necessary, in order' to recover an attorney’s fee, that an affidavit should be filed.

1.…

2Cited by8 opinions

  1. Elyse De Stefano v. Apts. Downtown, Inc.Supreme Court of Iowa · 2016
  2. Ainley v. American Mutual Fire InsuranceSupreme Court of Iowa · 1900
  3. Shenandoah National Bank v. MarshSupreme Court of Iowa · 1893
  4. Swofford v. Cornucopia Mines of OregonU.S. Circuit Court for the District of Oregon · 1905
  5. Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc.Supreme Court of Iowa · 2016

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