Croak v. Gateway Transportation Co.

RAWLINGS, Justice.

Plaintiff appeals from final adjudication adverse to him on defendant’s motion for summary judgment alleging a dismissal of substantially the same prior action by plaintiff was res judicata. We affirm.

August 28, 1969, plaintiff Jerry Croak (Croak) caused an original notice to be served on defendant Gateway Transportation Company, Inc. (Gateway). By this notice Gateway was advised to the effect a correlative petition would be on file September 6, 1969, in Polk District Court clerk’s office. The filing date thus fixed was a Saturday, the clerk’s office not then being open for…