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Moran v. Murphy
49 Iowa 68
Iowa
1878
Check Treatment
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.

Case Details

Case Name: Moran v. Murphy
Court Name: Supreme Court of Iowa
Date Published: Jun 13, 1878
Citation: 49 Iowa 68
Court Abbreviation: Iowa
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