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KOPECKY v. KOPECKY

No. 48235.

57 N.W.2d 54 (1953)

KOPECKY v. KOPECKY.

Supreme Court of Iowa.

February 10, 1953.

Attorney(s) appearing for the Case

Ted V. Ruffin and Nicholas E. Lillios, of Cedar Rapids, for appellant.

Donald T. Hines, of Cedar Rapids, and Edward R. Boyle, of Clear Lake, for appellee.

PER CURIAM.

This defendant administrator obtained judgment (in a former accounting suit) against plaintiff herein. After expiration of time for filing motion for new trial in that case, 58 I.C.A. Rules 244 and 247, R.C. P., defendant therein filed this petition as an independent proceeding, apparently under Rule 252(f) notwithstanding Rule 253(a) expressly states such petition "must be filed in the original action". The petition stood denied without answer...

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