Talbot v. Sioux City First National Bank

Syllabus

<p>The defendant in error moved to dismiss the action on the ground that no Federal question was decided by the Supreme Court of Iowa. Held, that the motion should be overruled, as the plaintiff explicitly based his right of action on Rev. Stat. §§ 5197, 5198, and as the judgment of the trial court, and that of the Supreme Court- of the State, denied such right, and this court therefore has jurisdiction.</p> <p>In these statutes relating to illegal interest, it is the interest charged, and not the interest.to which a forfeiture might be enforced that the statute regards as illegal, and if interest greater than the legal rate is charged, it may be relinquished, and recovery had of the legal rate.</p>