GARFIELD, Chief Justice.
The sole question presented by this appeal is whether under the circumstances here, delivery of the original notice to the sheriff of Scott County, Iowa, is to be deemed, by virtue of rule 49, Rules of Civil Procedure, 58 I.C.A., commencement of plaintiff's action for damages for personal injury against a nonresident of Iowa. In adjudicating law points under rule 105, R.C.P., the trial court held the action was not thus commenced and that...
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