Legal Opinion

George v. Gander

Supreme Court of Iowa

Decided November 14, 1967No. 52543PublishedCited by 13 opinions

1Opinion of the CourtStuart, J.

The question presented is: Should plaintiff’s petition have been dismissed under R.C.P. 55 when the original notice states the petition is now on file and it was not filed until Monday following the service of notice on the preceding Saturday?

On Friday, July 29,1966, plaintiff’s counsel in Boone mailed a petition seeking damages for personal injury to the Clerk of *277the District Court in Boone. At the same time the original notice was mailed to the Guthrie County Sheriff in Guthrie Center for service on defendant. The notice recited that the petition “is now on file” and was served on defendant…

2Cases cited13 opinions

  1. Jacobson v. LeapSupreme Court of Iowa · 1958
  2. In Re Estate of FerrisSupreme Court of Iowa · 1944
  3. Krueger v. LynchSupreme Court of Iowa · 1951
  4. Read v. RouschSupreme Court of Iowa · 1920
  5. State v. KnappSupreme Court of Iowa · 1916

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Rowen v. LeMars Mutual Insurance Co. of IowaSupreme Court of Iowa · 1975
  2. Bauer v. Stern Finance CompanySupreme Court of Iowa · 1969
  3. Matter of Estate of DullSupreme Court of Iowa · 1981
  4. Walker State Bank v. ChipokasSupreme Court of Iowa · 1975
  5. E & M MacHine Tool Corp. v. Continental MacHine Products, Inc.Supreme Court of Iowa · 1982

8 more not listed; retrieve them via the Exa API.

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