Legal Opinion
Holzschuh v. Curtis
District Court, S.D. Iowa
Decided June 23, 1965No. Civ. No. 3-623-WPublished
1Opinion of the Court
HANSON, District Judge.
This is a ruling on the defendants’ motion to dismiss the plaintiff’s amended Complaint or in the alternative to stay action on the amended Complaint,
This is an automobile collision case. The driver of the automobile which collided with the plaintiff is deceased. His executors are the defendants in this cause. The estate is being probated in Woodbury County in the Northern District of Iowa. The collision occurred in Harrison County in the Southern District of Iowa.
The Iowa Code (Section 633.415, I.C. A.) provides that a separate action based upon liability of a decedent…
2Cases cited4 opinions
- Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
- Foust v. Munson Steamship LinesSupreme Court of the United States · 1936
- American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
- Reconstruction Finance Corp. v. DingwellSupreme Court of Iowa · 1938