Dove v. Cude

MEMORANDUM OF DECISION

DURHAM, Justice:

The defendants in this case appeal from the action of the trial court granting plaintiff’s motion to withdraw a stipulation. Since the standard for permitting such a withdrawal was not met here, we reverse,

In May 1981, the plaintiff in this action filed a complaint alleging negligent use of irrigation water. The complaint and summons, which the plaintiff intended to be directed against defendants Cude, contained certain defects including the misspelling of defendants’ names. The defendants did not respond to the initial pleadings based on the misspelling…