McKinney v. Hirstine

— This appeal brings before us another controversy arising, under the provisions of Rule of Civil Procedure 215.1. The decisive question now before us is the effect of a continuance to a term certain granted by proper order of the court, when the case was not tried and no further continuance granted at the term to which the continuance was ordered.

The plaintiffs’ original petition was filed on December 27, 1961. This brought the case under the provisions of the rule after July 1,1963; and on August 15, 1963, the clerk of the Polk District Court sent the required notice to all counsel of…