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McKINNEY v. HIRSTINE

No. 51372.

131 N.W.2d 823 (1964)

Connie M. McKINNEY and Leonard M. McKinney, Appellees, v. Lloyd M. HIRSTINE and C. E. Erickson Co., Inc., Appellants.

Supreme Court of Iowa.

Rehearing Denied February 8, 1965.

Attorney(s) appearing for the Case

Brunk, Janss, Dreher, Wilson & Adams, Des Moines, for appellant Lloyd M. Hirstine.

John Paul Jones and W. C. Hoffmann, Des Moines, for appellant C. E. Erickson Co., Inc.

Stewart, Miller, Wimer, Brennan & Joyce and Lex Hawkins & Associates, Des Moines, for appellees.

THOMPSON, Justice.

This appeal brings before us another controversy arising under the provisions of Rule of Civil Procedure 215.1, 58 I.C.A. The decisive question now before us is the effect of a continuance to a term certain granted by proper order of the court, when the case was not tried and no further continuance granted at the term to which the continuance was ordered.

The plaintiffs' original petition was filed on December 27, 1961. This brought the...

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