Legal Opinion

Dye v. Markey

Supreme Court of Iowa

Decided December 13, 1966No. 52301PublishedCited by 11 opinions

1Opinion of the CourtStuart, J.

The sole question before us here is whether plaintiff’s cause of action against decedent’s estate is barred by the statute of limitations because she failed to file a duplicate proof of service of the original notice of the separate action in the estate within the six-month period for filing claims as pro-added in sections 410 and 415, Iowa Probate Code. The trial court held the statute was directory only and that the action was not barred. We affirm.

On February 1, 1964, plaintiff was injured in an automobile accident which occurred while she was riding as a passenger in a car driven by…

2Cases cited10 opinions

  1. Rural Independent School District Number Ten v. New Independent School DistrictSupreme Court of Iowa · 1903
  2. Frederick v. Douglas CountyOregon Supreme Court · 1945
  3. Slutts v. DanaSupreme Court of Iowa · 1908
  4. Crane v. Board of SupervisorsCalifornia Court of Appeal · 1936
  5. Hansen v. Iowa Employment Security CommissionSupreme Court of Iowa · 1948

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3Cited by11 opinions

  1. State ex rel. Szabo Food Services, Inc. of North Carolina v. DickinsonSupreme Court of Florida · 1973
  2. Hot Springs Independent School District No. 10 v. Fall River Landowners Ass'nSouth Dakota Supreme Court · 1978
  3. Moser v. BrownSupreme Court of Iowa · 1977
  4. Prison Rehabilitative Industries v. BettersonDistrict Court of Appeal of Florida · 1994
  5. STATE EX REL SZABO FOOD SERV., INC., OF NC v. DickinsonSupreme Court of Florida · 1973

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