Dunn v. Zoller
Supreme Court of Iowa
Appeal from Harrison District Court. This action was commenced before a justice of the peace to recover the value of a portion of a partition fence, assigned. to defendant by the fence-viewers as the part lie was required to build and maintain. Defendant neglecting to construct the fence, it was built by plaintiff. Upon an appeal-and change of venue to the district court, judgment was rendered for defendant, from which plaintiff appeals.
1Opinion of the CourtBeck, J.
— -I. The amount in controversy being less than $100, the case can only be tried in this court upon the certificate of the judge of the district court required by the statute.
II. The cause was submitted to the district court upon an agreed statement of facts. Upon rendering judgment for defendant, the district judge certified the case to the court as involving a question of law which should be determined here. The question is stated in the certificate in the following language: “Can plaintiff recover under the facts agreed upon herein, as per stipulation on file, from defendant, the value of…
2Cases cited4 opinions
- Dawley v. HouckSupreme Court of Iowa · 1880
- Fitch v. FlynnSupreme Court of Iowa · 1882
- Brown v. PetrieSupreme Court of Iowa · 1881
- Landers & Son v. BoydSupreme Court of Iowa · 1882
3Cited by1 opinion
- Nichols v. WoodSupreme Court of Iowa · 1885