Madison v. Spitsnoble

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSEEVERS
Citation58 Iowa 369,12 N.W. 317
PartiesMADISON v. SPITSNOBLE AND OTHERS.
Decision Date24 April 1882

58 Iowa 369
12 N.W. 317

MADISON
v.
SPITSNOBLE AND OTHERS.

Supreme Court of Iowa.

Filed April 24, 1882.


Appeal from Louisa circuit court.

At a former term the appeal was dismissed on the ground that the amount in controversy was less than $100, 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 that there was more than $100 in controversy, and therefore no certificate was required in order to give the supreme court jurisdiction.

[12 N.W. 317]

T. B. Snyder, for the motion.

[12 N.W. 318]


SEEVERS, C. J.

The action was commenced before a justice of the peace, on a contract in warranty, whereby the defendant L. D. Spitsnoble obligated himself to pay the plaintiff $60, 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 $60. The defendant denied performance of the contract by the plaintiff, and by way of counter-claim he set up he was treated in an unskilful and negligent manner, whereby his health was injured, and he suffered loss of time, whereby he was greatly damaged, and he sought to recover $50. There was a reply, denying the allegations of the counter-claim. On the trial in the circuit court judgment was rendered for the defendants for $25.

The question to be determined is whether the amount in controversy was more than $100. In a certain sense there was; that is, by combining the claims of both parties there was $110 in controversy. But both parties do not invoke the jurisdiction of this court, and we think the true construction of the statute is that it must appear from the pleadings that it was possible for the justice, consistently with the pleadings, to render judgment against one of the parties to the action for more than $100. It is certain that this could not have been done. There is no difference between the amount in controversy in an action and the same thing when shown by the pleadings. In the latter case the allegations of the pleadings are the test by which the amount is determined. But the material matter is, what is the amount in controversy, and not how this is to be ascertained. If this court has jurisdiction of this appeal, then the justice did not have jurisdiction...

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2 practice notes
  • Morrow v. Bell, No. 29995.
    • United States
    • United States State Supreme Court of Iowa
    • April 8, 1915
    ...original claim and counterclaim cannot be added together in determining the amount in controversy. Madison v. Spitsnogle, 58 Iowa, 369, 12 N. W. 317;Fox v. Duncan, 60 Iowa, 321, 14 N. W. 358. See, also, Thurston v. Lamb, 90 Iowa, 363, 57 N. W. 875;Central City v. Treat, 101 Iowa, 109, 70 N.......
  • Thompson v. Jackson
    • United States
    • United States State Supreme Court of Iowa
    • January 22, 1895
    ...the certificate required by section 3173 of the Code. Ormsby v. Nolan, 69 Iowa, 130, 28 N. W. 569;Madison v. Spitsnogle, 58 Iowa, 369, 12 N. W. 317. There is no doubt that the defendants had the right to appeal the case. 2. It appears from the record that the defendant T. H. Jackson was a c......
2 cases
  • Morrow v. Bell, No. 29995.
    • United States
    • United States State Supreme Court of Iowa
    • April 8, 1915
    ...original claim and counterclaim cannot be added together in determining the amount in controversy. Madison v. Spitsnogle, 58 Iowa, 369, 12 N. W. 317;Fox v. Duncan, 60 Iowa, 321, 14 N. W. 358. See, also, Thurston v. Lamb, 90 Iowa, 363, 57 N. W. 875;Central City v. Treat, 101 Iowa, 109, 70 N.......
  • Thompson v. Jackson
    • United States
    • United States State Supreme Court of Iowa
    • January 22, 1895
    ...the certificate required by section 3173 of the Code. Ormsby v. Nolan, 69 Iowa, 130, 28 N. W. 569;Madison v. Spitsnogle, 58 Iowa, 369, 12 N. W. 317. There is no doubt that the defendants had the right to appeal the case. 2. It appears from the record that the defendant T. H. Jackson was a c......

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