Walker State Bank v. Chipokas

LeGRAND, Justice.

Prior to July 1, 1973, a plaintiff’s failure to file his petition at the time stated in an original notice subjected him to the risk of having the case dismissed under Rule 55, Rules of Civil Procedure, which then provided as follows:

“If the petition is not filed as stated in the original notice served, any defendant may have the case dismissed as to him, without notice, at plaintiff’s cost; and may docket it for this purpose by filing his copy of the original notice, if need be.”

We held on several occasions a dismissal under this rule was on the merits and was with…