Uplinger v. Kettering
Supreme Court of Iowa
Appeal from Lima Circuit Court. The plaintiff sued the defendant before a justice of the peace on a note for $68.98. The defendant interposed a counter claim for $169.25. Judgment was rendered for defendant for $9.89, and costs. Seven days thereafter plaintiff went to the justice for the purpose of taking an appeal, and presented a bond.
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Appeal from Lima Circuit Court. The plaintiff sued the defendant before a justice of the peace on a note for $68.98. The defendant interposed a counter claim for $169.25. Judgment was rendered for defendant for $9.89, and costs. Seven days thereafter plaintiff went to the justice for the purpose of taking an appeal, and presented a bond. The justice said the bond was good and that he would approve it, but he failed to mark it approved, and failed to note in his docket that an appeal was taken. Ten days thereafter a transcript of the justice’s docket was sent to the clerk of the Circuit Court,…
1Opinion of the CourtDay, J.
The plaintiff sued for $68.98; the defendant, on counter claim, had judgment for $9.89. The object of this action is to restrain the enforcement of the judgment against plaintiff, and to have the appeal reinstated, so that he may have an opportunity to recover the amount by him originally claimed. i
The amount in controversy between these parties, as shown-by the petition for injunction, is the difference between a judgment for plaintiff, for $68.98, which he claims, and one in favor of defendant for $9.89, and the costs, which he has recovered. The petition does not state the amount of costs…
2Cited by1 opinion
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