Mazzoli v. City of Des Moines

(dissenting) — The majority opinion holds the district court had only appellate jurisdiction, acquired by a notice of appeal instead of an original notice, and therefore the thirty-day limitation on plaintiffs’ right to a judicial determination of their damages was not tolled under rule 49, R. C. P., by delivery of the notice to the sheriff for service. I cannot concur., Rule 49, in the division on “Commencement of Actions”, provides in effect that limitation of actions, “whether the limitation inheres in the statute creating the remedy or not,” is tolled by “delivery of the original notice…