Wilson v. Wright

Plaintiffs present a hard case, but their hardship is largely self-imposed. Since 1851 the Iowa statute of limitations has required personal injury actions to be commenced within two years, but some litigants wait until the eleventh hour to sue and then run afoul of some statute or rule in commencing their belated action. Such is the situation here.

Two actions are involved. When plaintiffs’ claim was about to be barred by limitations, plaintiffs caused an original notice to be served on defendants which recited that plaintiffs’ petition would be on file on August 15, 1969, a Friday. That day…