State Ex Rel. McPherson v. Rakey

After the appeal was taken plaintiff filed a motion to dismiss it on the ground that in this form of proceeding no right of appeal to this court is granted by any statute or rule of this court.' We held that plaintiff was not entitled to have its motion considered because it was not served within the time required by Rule 348(a), Rules of Civil Procedure. See State ex rel. McPherson v. Rakey, 236 Iowa 332, 18 N. W. 2d 529.

In brief and argument plaintiff renews its contention that no appeal lies in this form of action. Since this is a question that goes to our jurisdiction to entertain the…