Moran v. Murphy

49 Iowa 68
Supreme Court of Iowa·Decided June 13, 1878·Published·Cited by 1 cases

Opinion

Adams, J.

1. jurisdiction: justice of the peace, The Code expressly provides that the pleadings in an action before a justice of the peace may be written. Section 3530. The same section also provides that the pleadings shall be substantially the same as in the Circuit Court. The amount, then, claimed in the petition must be considered the amount in controversy; judgment could not be rendered for more. The notice showed the amount claimed in the petition. It was precisely one hundred dollars. It appeared, then, both from the petition and notice that the justice had jurisdiction. The statement in the notice that judgment, would be rendered for more (if, indeed, it is susceptible of that meaning) could not enlarge the claim. The appellee relies .on Galley v. Tama County, 40 Iowa, 49; but in that case the claim was for one hundred dollars with interest.

Be VERSED.

Free access — add to your briefcase to read the full text and ask questions with AI

Moran v. Murphy, 49 Iowa 68 (iowa 1878).

49 Iowa 68 (Moran v. Murphy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Evans v. Murphy
110 N.W. 1025 (Supreme Court of Iowa, 1907)