Krueger v. Lynch

(dissenting) — I respectfully dissent. -The majority feel that a number of prior decisions ■ of this court “approach the question -involved here but do not reach it.” I feel'they reach it and are determinative of the question in favor of the appellee. Since the prior decisions were befpr'e rules 50 and 53, Rules of Civil Procedure, we must first note the change which the rules made over the prior statutory requirements.

I. Rule 50 superseded. section .11055, .Code, 1939. The latter section contained the requirement in'part that defendant be served with a notice “stating * * * that unless -he.…