Reynolds v. Nowotny

LeGRAND, Justice.

This is the second appeal of this case, and it is still bogged down in procedural uncertainty. For our first opinion, see Reynolds v. Nowotny, 189 N.W.2d 557 (Iowa 1971). There we decided only the sufficiency of the petition and did not consider the question of notice upon which the present review must turn. See 189 N.W.2d 561.

The issue now presented is this: Was the statute of limitations tolled under rule 49, Rules of Civil Procedure, by delivery of an original notice to the sheriff on April 30, 1970? If not, plaintiff is out of court.

The trial court ruled plaintiff’s claim…