Alsip Bros. v. Hard, Pearson, Cliye & Co.
Cases that cite this one
3 later published cases cite this decision.
- Benttine v. Jenkins Truck Lines, Inc. (Iowa 1970)
- Buckland v. Shephard & Co. (Iowa 1889)
- Madison v. Spitsnogle (Iowa 1882)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— The plaintiffs brought this action to recover of defendants a balance due for work and labor performed, and materials furnished, in the erection of a foundry in the town of Decorah, Iowa. The amount claimed is $324.40.
This claim of the plaintiffs is not controverted, but expressly admitted by the defendants, who plead a counter-claim of $100.00, which they ask to have allowed as a credit on the claim of the plaintiffs. The court, on the trial of the cause, allowed defendants the sum of sixty-two dollars on their counter-claim, and rendered judgment for plaintiffs for the balance due.
There being no controversy upon the claim of the plaintiffs, we must regaid the counter-claim of the defendants as the amount in controversy in the action; and since this .amount does not “ exceed one hundred dollars,'’ no appeal lies to this court from the judgment rendered, unless the trial Judge shall certify that the cause involves the determination of a question, upon' which it is desirable to have the opinion of the Supreme Court. Code, See. ’ 3173. No such certificate is found in the record in this case. We are therefore precluded from passing upon the questions presented. The appeal must be
Dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.