58 Iowa 369 | Iowa | 1882
The question to be determined is, whether the amount in controversy was more than one hundred dollars. In a certain sense there was. That • is, by combining the claims of both parties there was one hundred and ten dollars in controversy. But both parties do not invoke the jurisdiction of this court, and we think the true construction of the statute is, that it must appear from the pleadings that it was possible for the justice, consistent with the pleadings, to render judgment against one of the parties to the action for more than one hundred dollars. It is certain this could not have been done. There is no difference between the amount in controversy in an action, and the same thing when shown
It is claimed that Alsip Bros. v. Hard et al., 38 Iowa, 697, and Uplinger v. Kettering et al., 43 Id., 483, are inconsistent with tbe views above expressed, but we do not think this is so. Tbe motion to set aside tbe judgment of affirmance must be
Overruled.