Legal Opinion · Concurrence

Anderson v. W. Hodgeman & Sons, Inc.

Supreme Court of Iowa

Decided November 23, 1994No. 93-1065Published

1ConcurrenceNeuman, Justice

I agree that the result reached by the majority is compelled by precedent, notably Iowa Public Service Co. v. Iowa State Commerce Commission, 263 N.W.2d 766, 769 (Iowa 1978), and Minnesota Valley Canning Co. v. Rehnblom, 242 Iowa 1112, 1116-17, 49 N.W.2d 553, 554 (1951). But to the extent that the opinion extends its reach beyond chapter 17A judicial review proceedings, I am reluctant to join it.

The important interest of adjudicating cases on their merits, rather than dismissing them on technicalities, is not served by equating venue and jurisdiction. As one court has wisely noted, the…

2Cases cited4 opinions

  1. Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
  2. Iowa Public Service Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1978
  3. Minnesota Valley Canning Co. v. RehnblomSupreme Court of Iowa · 1951
  4. Ko-Am Enterprises v. DavisAlaska Supreme Court · 1983

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