WILLIAMS v. BOURNE

No. 49056.

79 N.W.2d 751 (1956)

Paul L. WILLIAMS, Plaintiff-Appellant, v. Kenneth L. BOURNE and Swift & Company, Defendant-Appellees (UNITED STATES of America, Intervenor-Appellee).

Supreme Court of Iowa.

December 11, 1956.


Attorney(s) appearing for the Case

Lundy, Butler & Lundy, and Donald C. Wilson, Eldora, for plaintiff-appellant.

Smedal, Maurer & Seiser, Ames, for defendant-appellee Kenneth L. Bourne.

Bateson & Ryan, Eldora, for defendant-appellee Swift & Co.

Theodore G. Gilinsky, Sioux City, for intervenor-appellee United States of America.


LARSON, Justice.

Only one issue need be considered in this appeal. Was the judgment entered by the trial court on its own motion a final judgment? We believe it was not, and therefore defendant's motion to dismiss plaintiff's appeal must be sustained, for it is admitted appellant made no attempt to comply with 58 I.C.A. Rules of Civil Procedure, rule 332 relating to an interlocutory appeal.

Pursuant to the terms of a written lease, plaintiff and defendant...

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