Madison v. Spitsnogle
Supreme Court of Iowa
Appeal from Louisa Circuit Court. At a former term the appeal was dismissed on the ground the amount in controversy was less than one hundred dollars, and there was no certificate of the trial judge that there were questions of law involved, as to which the opinion of the Supreme Court was desired.
Read the full summary
Appeal from Louisa Circuit Court. At a former term the appeal was dismissed on the ground the amount in controversy was less than one hundred dollars, and there was no certificate of the trial judge that there were questions of law involved, as to which the opinion of the Supreme Court was desired. Subsequently, the appellant filed a motion to. set aside such order on the ground there was more -than one hundred dollars in controversy, and therefore no certificate was required in order to give the Supreme Court jurisdiction.
1Opinion of the Court
Seevers, Ch. J.
1. APPEAL : amount in controversy in how determined. The action was commenced before a justice of the peace on a contract in writing, whereby the defendant, L. D. Spitsnogle, obligated himself to pay the plaintiff sixty dollars, if by the use of certain medicines, to be furnished by the plaintiff, the defendant was cured of a certain disease with which he was afflicted. It was averred the plaintiff had fully performed the contract on his part, and he sought to recover sixty dollars. The defendant denied performance of the contract by the plaintiff, and, by way of counter-claim,…
2Cases cited1 opinion
- Alsip Bros. v. Hard, Pearson, Cliye & Co.Supreme Court of Iowa · 1874
3Cited by6 opinions
- Thompson v. JacksonSupreme Court of Iowa · 1895
- Wald v. WaldSupreme Court of Iowa · 1904
- Buckland v. Shephard & Co.Supreme Court of Iowa · 1889
- Davis v. RobinsonSupreme Court of Iowa · 1925
- Fox v. DuncanSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.