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Baker v. Oliver
Citations: 226 P.2d 567; 37 Wash. 2d 862; 1951 Wash. LEXIS 386Docket: 31486
Court: Washington Supreme Court; January 18, 1951; Washington; State Supreme Court
E.L. Baker filed a lawsuit against Evald G. Oliver and others, seeking recovery on two causes of action: (1) $28.69 for goods sold and delivered, plus interest, totaling $33, which was dismissed before trial; and (2) unpaid principal on a promissory note for $104.14, with $46.80 in interest, totaling $150.94, along with a request for $75 in attorney's fees. The trial court ruled in favor of Baker for $200.94, including principal, interest, and attorney's fees. However, the final judgment awarded Baker $215.04, which included costs and a reduced attorney's fee of $15. The defendants appealed, but the court dismissed the appeal due to lack of jurisdiction, as the original amount in controversy did not exceed $200, a requirement under the Washington Constitution. The court clarified that while interest can be included in determining the amount in controversy, attorney's fees are considered separate costs and cannot be included. Thus, the court determined the amount in controversy was only $150.94, leading to the dismissal of the appeal. The decision was unanimous among the justices present.