A. Wedgewood & Co. v. Parr
Supreme Court of Iowa
Appeal from Buena Vista District Court. — -Hon. F. II. Helsell, Judge. This action was commenced before C. F. Aiken, a justice of tbe peace, on the sixth day of December, 1898. The petition shows that recovery is sought on a promissory note for $128.50, with interest from March 20, 1898. The petition further shows that the plaintiff is entitled to the possession of 700 bushels of wheat, of the value of $280, which wheat is wrongfully detained by defendant, and a writ of…
Read the full summary
Appeal from Buena Vista District Court. — -Hon. F. II. Helsell, Judge. This action was commenced before C. F. Aiken, a justice of tbe peace, on the sixth day of December, 1898. The petition shows that recovery is sought on a promissory note for $128.50, with interest from March 20, 1898. The petition further shows that the plaintiff is entitled to the possession of 700 bushels of wheat, of the value of $280, which wheat is wrongfully detained by defendant, and a writ of replevin is asked, and was issued, and the wheat taken possession of by the sheriff, and by him sold. The following, .with…
1Opinion of the CourtGranger, C. J.
1 It will be noticed that the district court in its orders confined itself to the replevin part of the action, and we assume the reason to be that the claim, based on the note, was paid, and the obligation discharged thereby. Upon that branch of the case we are not called upon to express any opinion, and we do not. In the note in suit is a consent that a justice of the peace may have jurisdiction to the amount of $300. For the purpose of jurisdiction, the amount claimed is the criterion. Stone v. Murphy, 2 Iowa, 35; McVey v. Johnson, 75 Iowa, 165.
3 The claim in the petition is for a judgment…
2Cases cited6 opinions
- McMeans v. CameronSupreme Court of Iowa · 1878
- Stone v. MurphySupreme Court of Iowa · 1855
- Cerro Gordo County v. Wright CountySupreme Court of Iowa · 1882
- Walters v. The Steamboat Mollie DozierSupreme Court of Iowa · 1868
- Hynds v. Fay Bros. & Co.Supreme Court of Iowa · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
- Latta v. UtterbackSupreme Court of Iowa · 1926
- Matheny v. Bank of NashvilleSupreme Court of Oklahoma · 1916
- In Re Estate of SweetSupreme Court of Iowa · 1938
- McKay v. HillSupreme Court of Oklahoma · 1936
1 more not listed; retrieve them via the Exa API.