WINDUS v. GREAT PLAINS GAS

No. 50676.

116 N.W.2d 410 (1962)

Loren Dale WINDUS, Administrator of the Estate of Shirley Ann Windus, Deceased, Appellee, v. GREAT PLAINS GAS, a Division of National Propane Corporation, and National Propane Corporation; Fisher Governor Company, a Corporation; Herbert Ivan Wolf and Gladys Wolf, Individually and d/b/a Wolf Appliances, and Raymond Penderson; and Ruud Manufacturing Corporation, Appellants.

Supreme Court of Iowa.

July 24, 1962.


Attorney(s) appearing for the Case

Lane & Waterman, Davenport, for Great Plains Gas, a Division of National Propane Corp. and National Propane Corp.; Elliott, Shuttleworth & Ingersoll, Cedar Rapids, for Fisher Governor Co., a corporation; Hart, Shulman, Phelan, Tucker & Ivie, Iowa City, for Herbert Ivan Wolf and Gladys Wolf, individually and d/b/a Wolf Appliances and Raymond Penderson; and William L. Meardon and Ansel Chapman, Iowa City, for Ruud Mfg. Corp., appellants.

Messer & Cahill and Jay H. Honohan, Iowa City, for appellee.


SNELL, Justice.

Justiciable problems should be submitted only after careful consideration and preparation, but there must be terminal facilities for even the most intricate lawsuits. The problem before us involves the authority of the court to reinstate a case dismissed for want of prosecution under rule 215.1, Rules of Civil Procedure. To oversimplify somewhat, the question is: "Do the rules mean what they say?" Unless we are to disregard the rules necessary for...

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