Legal Opinion

Garber v. Morrison & White

Supreme Court of Iowa

Decided January 19, 1858PublishedCited by 2 opinions

Appeal from the Marrion District Court. The petition and notice in this case, claim of. defendants, the sum of five hundred dollars, as money due upon a promissory note. There was an appearance, and plaintiff recovered judgment for the sum of six hundred and sixty-one dollars, sixty-two cents. Defendants appeal.

1Opinion of the Court

"Weight, C. J.

The defendants seek to reverse this judgment — -first, because the amount recovered is greater than that claimed in the petition and notice; and second, because it is greater than the amount due upon the promissory note declared upon. The plaintiff concedes the first error, and offers to, and does, remit so much of the judgment as exceeds the sum of five hundred dollars.

"We are then left to consider the second ground assumed by defendant. The copy of the note attached to the petition, calls for six hundred and ten dollars and twenty-two cents, upon which plaintiff claims there…

2Cited by2 opinions

  1. Potter v. WoosterSupreme Court of Iowa · 1860
  2. Jordan v. QuickSupreme Court of Iowa · 1860

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