White White v. Park

This is in reality a race to see who is entitled to attorney fees in the partition of certain real estate. Cause No. 15158, which for brevity we will designate appellees’ case, was filed four hours ahead of cause No. 15160, which will be designated as appellants’ case.

Completed service on all necessary parties was first obtained in appellants’ case, and hence was first commenced, and, if there was nothing more involved in the controversy, we would have to hold that appellants’ case was entitled to stand as first pending and that the other should be abated. Boone v. Boone, 160 Iowa 284, 137 N.…