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ABELL v. HOWAT

No. 50204.

107 N.W.2d 924 (1961)

Roy ABELL, Appellant, v. Archie D. HOWAT, Appellee.

Supreme Court of Iowa.

March 7, 1961.

Attorney(s) appearing for the Case

Richard C. Turner, Council Bluffs, for appellant.

Ross, Johnson, Northrop, Stuart & Tinley, Council Bluffs, for appellee.

THORNTON, Justice.

This appeal was taken by plaintiff from a ruling denying his application to set aside a dismissal for want of prosecution.

The import of the ruling was that it was without prejudice to a renewal of the application in accordance with rules 252 and 253, Rules of Civil Procedure, 58 I.C.A., after bringing in the legal representative of the defendant. The defendant died after the filing of the application...

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