Johnson v. Brooks

— The sole issue presented here, stated simply, is whether the action for damages was barred by the statute of limitations before it was properly commenced. The trial court held the service of notices was timely and proper and that the claim was not barred. We are unable to agree.

Both appellee and appellants were and are nonresidents of Iowa. An accident occurred September 24, 1959, in Jefferson County, Iowa, involving their vehicles. Plaintiff-appellee’s petition filed September 23, 1961, prays judgment for personal injuries in the amount of $9998. Plaintiff attempted to secure jurisdiction…