Anderson v. National By-Products, Inc.

— This is an appeal by defendant granted by us pursuant to rule, 332, R. C. P., from interlocutory order refusing to dismiss plaintiffs’ petition under rule 215.1, and to strike, because of delay in filing, an amended petition.. We affirm the order appealed from. . ..

I. Plaintiffs’ action was commenced April 17, 1963. The case not having been tried, the clerk of the district court gave notice to counsel of record that it would be for trial and subject to dismissal if not tried in the nest succeeding term pursuant to rule 215.1, R. C. P., The rule provides in part: “All such cases shall be…