Legal Opinion

George v. Gander

Supreme Court of Iowa

Decided November 14, 1967No. 52543Published

1Opinion of the Court

154 N.W.2d 76 (1967)

George GEORGE, Appellant,

v.

William GANDER, Appellee.

No. 52543.

Supreme Court of Iowa.

November 14, 1967.

Mahoney, Jordan & Smith, Boone, for appellant.

Cartwright, Druker, Ryden & Fagg, Marshalltown, for appellee.

STUART, Justice.

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 preceeding Saturday?

On Friday, July 29, 1966, plaintiff's counsel in Boone mailed a petition seeking damages for personal injury…

2Cases cited25 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

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