Schmidt v. Abbott

RAWLINGS, Justice.

Plaintiff’s petition pursuant to rules 252-253, R.C.P., for reinstatement of his law action, previously dismissed under rule 215.1,R.C.P., was heard and relief denied by the trial court. He appeals. We reverse.

January 17, 1963, plaintiff filed a petition in Polk District Court seeking damages from defendant as result of an automobile collision. From that month through December of the same year he was intermittently hospitalized or confined to home because of heart ailment and amputation of a leg.

August 17, 1964, the Clerk of Polk District Court mailed what has come to be…