Nichols v. Wood
Supreme Court of Iowa
Appeal from Clav'he Circuit Court. This action was brought originally before a justice of the peace. Plaintiffs claimed §100 as damages. Defendant answered, denying the claim. There was a trial, and plaintiffs recovered judgment for five cents damages, and the costs, which were taxed at $27. Defendant appealed to the circuit court.
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Appeal from Clav'he Circuit Court. This action was brought originally before a justice of the peace. Plaintiffs claimed §100 as damages. Defendant answered, denying the claim. There was a trial, and plaintiffs recovered judgment for five cents damages, and the costs, which were taxed at $27. Defendant appealed to the circuit court. The appeal was dismissed on plaintiffs’ motion, on the ground that the amount in controversy was less than $25, and from this order defendant appeals to this court.
1Opinion of the CourtEeed, J.
The cause came into this court on the following certificate of the trial judge: “I, D. D. Gregory, judge of the circuit court of the fifth judicial district of Iowa, do hereby certify that there is a question of law, which arose in the disposition of this cause, upon which it is desirable to have the opinion of the supreme court, viz.; Under section 3575 of the Code, as amended by chapter 163, Laws Eigh*226teentb General Assembly, limiting appeals from the justice’s court to amounts exceeding twenty-five dollars, on defendant’s appeal to the circuit court, should plaintiffs’ motion to dismiss for…
2Cases cited2 opinions
- Lundak v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884
- Dunn v. ZollerSupreme Court of Iowa · 1883
3Cited by2 opinions
- Troy v. HallgarthOregon Supreme Court · 1899
- Morrow v. BellSupreme Court of Iowa · 1915