O'KELLEY v. LOCHNER

No. 52171.

145 N.W.2d 626 (1966)

Brooks E. O'KELLEY and Weyerhaeuser Company, Appellants, v. Audrey G. LOCHNER, Executrix of the Estate of Arthur William Lochner, deceased, Appellee.

Supreme Court of Iowa.

October 18, 1966.


Attorney(s) appearing for the Case

John Paul Jones and W. C. Hoffmann, Des Moines, and Kersten, Opheim & Price, Fort Dodge, for appellants.

Dwight G. Rider and John W. Gailey, Fort Dodge, for appellee.


SNELL, Justice.

This is a law action growing out of a collision of automobiles. The trial court directed a verdict for defendant on the ground the court lacked jurisdiction. Plaintiffs appeal.

The problem before us is sharply limited, clearly defined and governed by well recognized precedents. Prior to the effective date of the Iowa Probate Code could a plaintiff in an automobile collision case bring action, after the death of defendant's decedent, in a county...

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