HALVERSON v. HAGEMAN

No. 49547.

92 N.W.2d 569 (1958)

George HALVERSON, Appellee, v. Richard HAGEMAN, Appellant.

Supreme Court of Iowa.

October 14, 1958.


Attorney(s) appearing for the Case

Cutting & Cutting, Decorah, for appellant.

Joseph Neuzil, Calmar, and Miller & Pearson, Decorah, for appellee.


GARFIELD, Chief Justice.

This appeal presents two ultimate questions. Is the judgment entered against defendant-appellant void for alleged failure to comply with the Rules of Civil Procedure, 58 I.C.A., in preparing and serving the original notice and filing the petition? If so, should defendant's petition to vacate the judgment be overruled because of estoppel, laches or other grounds alleged by plaintiff?

The trial court held any failure of plaintiff to...

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