Legal Opinion

Dryden v. Wyllis

Supreme Court of Iowa

Decided June 14, 1879PublishedCited by 12 opinions

Appeal from, Marshall District Court. This action is brought, under chapter 1, title 19, of the Code, to vacate a judgment rendered in said court in favor of the defendant Wyllis against the plaintiff. The grounds relied on are “that there was error shown in the rendition of said judgment, and fraud practiced by the said J. C. Wyllis and his attorney, and irregularity in obtaining said judgment.” The relief asked was granted, and the defendants appeal.

1Opinion of the CourtSeevebs, J.

1. jtTBismction : supreme court:amount in controversy. — I. The petition states that the judgment was rendered in June, 1877, for one hundred dollars and costs. This action was commenced in June, 1878, and it is suggested,’by counsel for the appellee, this court has no jurisdiction because the amount in controversy does not exceed one hundred dollars, as shown by the pleadings. Code, § 3173.

The judgment bears interest from its date. It is quite evident, therefore, the amount in controversy exceeds one hundred dollars, as shown by the pleadings.

2. appeal: Ánai order. II. It is insisted no…

2Cases cited3 opinions

  1. Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
  2. Richards v. BurdenSupreme Court of Iowa · 1871
  3. Miller v. AlbaughSupreme Court of Iowa · 1867

3Cited by12 opinions

  1. Handy v. HandySupreme Court of Iowa · 1959
  2. Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
  3. Griffin & Adams v. HarrimanSupreme Court of Iowa · 1888
  4. In Re Estate of KinnanSupreme Court of Iowa · 1934
  5. Arnold v. HawleySupreme Court of Iowa · 1885

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