ALLIED MUTUAL CASUALTY COMPANY v. LONG

No. 50193.

107 N.W.2d 682 (1961)

ALLIED MUTUAL CASUALTY COMPANY, Incorporated, Appellant, v. George Harlan LONG, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 4, 1961.


Attorney(s) appearing for the Case

Boardman, Cartwright & Druker, Marshalltown, for appellant.

Lundy, Butler & Wilson, Eldora, and L. E. McGinnis, Marshalltown, for appellee.


THOMPSON, Justice.

This appeal involves two assignments of error. The trial court, after issue joined, made an adjudication of law points under the provisions of R.C.P. 105, 58 I. C.A., in which it held plaintiff's petition stated a cause of action. Eight days later, however, it changed its ruling, held no cause of action was stated, and dismissed the petition. The court stated it had not understood the allegations of the petition as plaintiff's counsel later advised...

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