Legal Opinion

Merchants National Bank v. Epworth Seminary

Supreme Court of Iowa

Decided April 4, 1939No. 44602Published

1Opinion of the CourtHamilton, J.

At the outset, we are met with a motion to dismiss this appeal because Rule No. 30 was not complied with. We see no justifiable reason or excuse warranting the court in avoiding this proposition. We favor a disposition of causes on the merits, but, when the matter is brought squarely before us on a motion to dismiss and there is a plain case of failure to comply with the rules, of the character here involved, it becomes our duty to meet and decide the issue. This is a law case requiring assignments of error on appeal.

The matter involved arises out of the following situation: Jennie Baker, in…

2Cases cited2 opinions

  1. Lotz v. United Food Markets, Inc.Supreme Court of Iowa · 1938
  2. Prusiner v. Massachusetts Bonding & InsuranceSupreme Court of Iowa · 1936

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