Pheny v. Metcalf
Supreme Court of Iowa
Appeal from Monroe District Court Plaintiff appeals, and assigns for error the action of the court helow in removing the case, on defendant’s motion, into the Circuit Court of the United States. Defendant’s non-residence is not in dispute. The parties differ as to the value of the property in controversy (real estate), and how this value is to he shown.
1Opinion of the CourtWright, J.
By proper pleading it is insisted that plaintiff has waived his appeal hy appearing to the action in the Circuit Court of the United States. Appellee also insists that under the federal legislation the affidavit of the party applying for such removal, is to he accepted as the sole evidence of the amount or value of the property in controversy, and that a counter showing cannot he received. And finally it is claimed, that the record merely shows the transfer; that this order alone is appealed from; hut it does not appear whether the court helow considered these counter affidavits, etc. As this…
2Cases cited1 opinion
- Potter v. WoosterSupreme Court of Iowa · 1860
3Cited by1 opinion
- Ramsey v. BushSupreme Court of Iowa · 1869