Hays v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Marion Circuit Court. This action was brought before a justice of the peace. It is brought to recover damages for the killing of a horse belonging to plaintiff, by a locomotive and train of cars on defendant’s railway. Plaintiff alleges, in his petition, that said horse was of the value of $150, but he asked for judgment for $100 damages and costs.
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Appeal from Marion Circuit Court. This action was brought before a justice of the peace. It is brought to recover damages for the killing of a horse belonging to plaintiff, by a locomotive and train of cars on defendant’s railway. Plaintiff alleges, in his petition, that said horse was of the value of $150, but he asked for judgment for $100 damages and costs. On the trial before the justice, plaintiff recovered judgment for $100 damages and $21.65 costs, and the judgment provided that the amount should bear interest at six per cent from the date thereof. Defendant appealed to the circuit…
1Opinion of the CourtNeed, J.
There is no certificate by the trial judge that the case involves any question of law on which it is desirable to have the opinion of this court, and the point is made by appellee that an appeal from the judgment of the circuit court will not lie, for the reason that the amount in controversy between the parties does not exceed $100. We think the appeal must be dismissed on this ground. Plaintiff claimed but $100 as damages. He made no claim for interest. While any judgment obtained by him would bear six per cent interest from the date of its rendition, (Code, § 2078,) he was not entitled,…
2Cases cited2 opinions
- Dryden v. WyllisSupreme Court of Iowa · 1879
- Holmes v. HullSupreme Court of Iowa · 1878
3Cited by5 opinions
- Yost v. GaddSupreme Court of Iowa · 1939
- Ardery v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885
- Davis v. RobinsonSupreme Court of Iowa · 1925
- Liberty Loan Corporation of Dubuque v. FassbinderSupreme Court of Iowa · 1970
- Yost v. GaddSupreme Court of Iowa · 1939