Legal Opinion

Sarver v. Chicago, Burlington & Quincy Railroad

Supreme Court of Iowa

Decided December 17, 1897PublishedCited by 1 opinion

Appeal from Monroe District Court. — Hon. F. Wb Eichelberger, Judge. Action at law to recover double the value of four pigs alleged to Rave been killed by a train of the defendant at .a point on its railway where it Rad the right to •fence, but had failed- to do so. There was a trial by jury, and a verdict and judgment for the plaintiff. The ■defendant appeals.

1Opinion of the CourtRobinson, J.

This action was commenced in justice’s court, and an appeal from the judgment rendered by that court was taken to- the district court. The amount in controversy is but twenty-four dollars, and the cause is submitted in this court on a certificate of the trial judge.

1 I. The appellee has filed a motion to- dismiss the cause on the ground that the judge’s certificate is nJo-t sufficient to give this court jurisdiction -to determine the case on its merits. The certificate is certainly not a model one. The appellant has made two attempts to state the question of law certified, and each time has…

2Cases cited4 opinions

  1. State v. BirminghamSupreme Court of Iowa · 1888
  2. Mundhenk v. C. I. R.Supreme Court of Iowa · 1882
  3. Knowles v. City of MuscatineSupreme Court of Iowa · 1866
  4. Soward v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871

3Cited by1 opinion

  1. Minneapolis & St. Louis R. R. Co. v. Incorporated Town of BrittSupreme Court of Iowa · 1898

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