CAVE v. FOUNTAIN

No. 52103.

142 N.W.2d 436 (1966)

Diana L. CAVE, By Her Next Friend and Father, James D. Cave, Petitioner, v. Ray C. FOUNTAIN, Judge, Respondent.

Supreme Court of Iowa.

May 3, 1966.


Attorney(s) appearing for the Case

Duffield, Pinegar & Tapscott, by Richard L. Pinegar, Des Moines, for petitioner.

Cosson, Christianson & Hohnbaum, by Donald Hohnbaum, Des Moines, for respondent.


SNELL, Justice.

Petitioner, by certiorari, challenges the legality of the trial court's ex parte order to answer 80 interrogatories. The propriety of the questions asked, if presented upon proper hearing, is not before us. The real question is the procedure to be followed under Rules 121, 122 and 123, Rules of Civil Procedure, viewed in the light of other applicable and interpreting rules.

Many of the points argued have been previously answered but petitioner...

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