Perry v. Conger & Norris

• Decision Date: 20 March 1885
• Citation: Perry v. Conger & Norris, 22 N.W. 688, 65 Iowa 588 (Iowa 1885)
• Parties: PERRY v. CONGER & NORRIS
• Court: Iowa Supreme Court

22 N.W. 688

65 Iowa 588

PERRY v. CONGER & NORRIS

Supreme Court of Iowa, Council Bluffs

March 20, 1885

Appeal from Poweshiek Circuit Court.

THIS action was originally commenced before a justice of the peace, where judgment was rendered against plaintiffs, who appealed to the circuit court. On motion of defendants the circuit court dismissed the appeal, upon the ground that the amount in controversy did not exceed $ 25. The plaintiff appeals to this court.

REVERSED.

Haines & Lyman, for appellant.

William H. Briggs, for appellee.

OPINION

BECK, CH. J.

I. The amount in controversy, as shown by the pleadings, being less than $ 100, the cause is brought here upon a certificate presenting the following question of law for determination "Where plaintiff brings an action before a justice of the peace, asking judgment for 24 and 50-100 dollars, as the value of property converted by defendants, and defendants answer by general denial, and also plead a counter-claim for services rendered plaintiff to the value of thirty dollars for which sum defendants ask judgment, which counter-claim is denied by plaintiff, and on the trial the justice renders judgment against plaintiff for costs, from which judgment plaintiff appeals, and in the circuit court defendants move to dismiss the appeal on the ground that the amount in controversy does not exceed twenty-five dollars, is the plaintiff entitled to an appeal under section 3575 of the Code, and has the circuit court jurisdiction of the appeal?"

II. Code, § 3575, provides that "no appeal shall be allowed in any case (from a justice of the peace) when the amount in controversy does not exceed twenty-five dollars." It cannot be doubted that the amount in controversy in the case, before the judgment was rendered was more than twenty-five dollars. The defendants denied the right of plaintiff to recover upon his cause of action, and claimed to recover thirty dollars...