Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. McDade
Cases that cite this one
8 later published cases cite this decision.
- Schultz v. Alter (Ind. Ct. App. 1915)
- Egley v. T. B. Bennett & Co. (Ind. 1924)
- Colliery Engineer Co. v. American Car & Foundry Co. (Ind. 1901)
- Draper v. Clark (Ohio 1898)
- Lake Erie & Western Railroad v. Yard (Ind. Ct. App. 1893)
- Jeffersonville, Madison & Indianapolis Railroad v. Harrold (Ind. Ct. App. 1892)
- Duckworth v. Mosier (Ind. Ct. App. 1892)
- Ex parte Sweeney (Ind. 1891)
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 appellee instituted this action before a justice of the peace and obtained judgment for fifty dollars. The appellant appealed from that judgment to the circuit court, and in that court the appellee recovered judgment for the same amount as that awarded by the justice of the peace. While the case was pending in the circuit court the appellee amended his complaint so as to claim judgment for sixty dollars. In this court a motion to dismiss the appeal is vigorously pressed.
This motion must prevail. It is not the amount demanded in the complaint which governs, but the amount of recovery, for where there is no counter-claim or set-off, and the plaintiff is satisfied with the amount awarded, that is all that is in controversy. This has beep.held in many cases. Painter v. Guirl, 71 Ind. 240; Sprinkle v. Toney, 73 Ind. 592; Parsley v. Eskew, 73 Ind. 558; Pennsylvania Co. v. Trimble, 75 Ind. 378; Louisville, etc., R. W. Co. v. Coyle, 85 Ind. 516; Winship v. Block, 96 Ind.v. 446.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.