133 Iowa 550 | Iowa | 1907
In the absence of a written agreement conferring it, a justice of the peace is without jurisdiction where the amount in controversy exceeds $100. Section 1, article 2, Const. Iowa; section 4477, Code. The amount claimed, not that alleged to be due, or for which judgment is entered, is the criterion by which to determine whether the justice has jurisdiction. Stone v. Murphy, 2 Iowa, 35; McVey v. Johnson, 75 Iowa, 165. Pleadings in justice’s court may be in writing or oral. If in writing the petition is controlling in fixing the amount claimed. Moran v. Murphy, 49 Iowa, 68. If oral, the original notice is decisive, and must in any event “ state the amount for which plaintiff will take judgment, if the defendant fails to appear and answer at the time and place fixed.” Section 4489, Code. If the amount so claimed exceeds the above sum the justice is without jurisdiction. Gillett v. Richards, 46 Iowa, 652. Nor is the extent of the excess material, a few cents being as effectual to
Decree should have been entered as prayed. — - Reversed.