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PHELPS v. VARBEL

No. 48993.

79 N.W.2d 763 (1956)

Clifford H. PHELPS, Plaintiff-Appellee, v. G. C. VARBEL and C. C. Leeper, Defendants, and Nellie N. Varbel, as Administratrix of Estate of G. C. Varbel, Deceased, Substituted Defendant, Appellants.

Supreme Court of Iowa.

Rehearing Denied February 8, 1957.

Attorney(s) appearing for the Case

Campbell & Campbell, Newton, for appellants.

Cross, Hamill & Selby, Newton, and Smith & Hanson, Emmetsburg, for appellee.

WENNERSTRUM, Justice.

Plaintiffs' action is one to renew a judgment which originally had been entered on January 12, 1924. Section 11007, 1939 Code, 614.1, subd. 7, 1954 Code, I.C.A. Several defenses were made in this subsequent proceeding. The rulings concerning them in connection with preliminary motion, motions during the trial, as well as a directed verdict in favor of the plaintiff at the conclusion of all the evidence, are the basis of the present appeal. The...

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