Johns v. Pattee

Decided June 15, 1883

Supreme Court of Iowa · decided 1883-06-15

Sometime in 1878, one George Pattee commenced, in the Ilardin district court, an action against the trustees of'the Northwestern College for the recovery of §25,- and garnished Ubbee Pressman and his wife as supposed debtors of the said trustees of the Northwestern College. Afterward, upon the answers of the garnishees, Pattee recovered a judgment against Ubbee Dressman and wife for $25 and $18.85 costs.

Decided 1883-06-15

Day, On. J.

¶1— The intervenors filed and submitted with the case a motion to dismiss the appeal, because there is no certificate of the trial judge, as required by section 3T73 of tho Code. The object of this proceeding is simply to cancel and prevent the enforcement of a judgment for $25 and $18.85 costs. The case involves simply the validity of a judgment, and not an interest in real estate. We have held that section 3173 of the-Code applies to chancery cases. See Andrews v. Burdick,* at the present term. See 16 N. W. Rep., 275. As the amount in controversy is less than $100, and there is no certificate of the judge as provided in the statute, it follows that the motion of intervention must be sustained and the appeal must be

¶2Dismissed.

¶3This case is yet pending upon a motion for rehearing, and is not, therefore, found in this volume.