Henry v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from J efferson District Court.— HoN. Robert SloaN, ■ Judge. The plaintiff commenced two suits before a justice 'of the peace, in one of which he asked a judgment for $30.35, and in the other judgment for $33. Default was made in both, and before judgments were entered the plaintiff orally remitted in each .case the amount claimed in excess of $25, and judgment for said sum, with costs, was entered in each case. The costs included an attorney’s fee also.
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Appeal from J efferson District Court.— HoN. Robert SloaN, ■ Judge. The plaintiff commenced two suits before a justice 'of the peace, in one of which he asked a judgment for $30.35, and in the other judgment for $33. Default was made in both, and before judgments were entered the plaintiff orally remitted in each .case the amount claimed in excess of $25, and judgment for said sum, with costs, was entered in each case. The costs included an attorney’s fee also. The rer mittitur was not entered on the docket, and the defendant appealed in both cases. After they had reached the district court,…
1Opinion of the CourtSherwiN, C. J.
No appeal from a justice of the peace shall be allowed when the amount in controversy does not exceed $25. Code, section 4547. Ordinarily the amount in controversy is determined by the pleadings, or by the respective oral claims of the parties to the suit. Lundak v. C. *579& N. W. Ry. Co., 65 Iowa, 473; Sterner v. Wilson, 68 Iowa, 714. But this is not always tbe test. Thus, in Young v. McWaid, 57 Iowa, 101, tbe defendant admitted a part of tbe plaintiff’s claim by tender, and it was held that tbe amount in controversy was tbe claim contested by tbe parties, and not tbe original claim. In Milner…
2Cases cited8 opinions
- Milner v. GrossSupreme Court of Iowa · 1885
- Bateman v. SissonSupreme Court of Iowa · 1886
- Knox v. NicoliSupreme Court of Iowa · 1896
- Lundak v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884
- Sterner v. Wilson & Co.Supreme Court of Iowa · 1886
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