86 Iowa 249 | Iowa | 1892
There is no certificate of the district uourt as is required to give this court jurisdiction where the amount in controversy, as shown by.the pleadings, is less than one hundred dollars, because of which the appellee moves to dismiss the appeal. It is the amount of the counterclaim that is to control in this respect. The allegations of the answer in support of
It is not the prayer but the facts alleged in the pleadings, from which the amount in controversy is to-be ascertained. Cooper v. Dillon, 56 Iowa, 368. Under the allegations of the counterclaim, there could have been no greater recovery than the value of the harrows and extras. There are no facts pleaded showing damage beyond the loss of the machines, because valueless. Their value, then, limited the amount that could be-recovered if a breach was established and t'he purchase-price had been paid. If it had not been paid, the facts would, by way of counterclaim, offset the claim for the-purchase price. No construction of the pleading could justify a recovery by the defendant of one hundred dollars. The appellee devotes considerable space to the point that no objection was made to the pleading in the-district court, by motion or demurrer, and that its suffi
The motion is sustained, and-the appeal dismissed.