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GEORGE v. GANDER

No. 52543.

154 N.W.2d 76 (1967)

George GEORGE, Appellant, v. William GANDER, Appellee.

Supreme Court of Iowa.

November 14, 1967.

Attorney(s) appearing for the Case

Mahoney, Jordan & Smith, Boone, for appellant.

Cartwright, Druker, Ryden & Fagg, Marshalltown, for appellee.

STUART, Justice.

The question presented is: Should plaintiff's petition have been dismissed under R. C.P. 55 when the original notice states the petition is now on file and it was not filed until Monday following the service of notice on the preceeding Saturday?

On Friday, July 29, 1966, plaintiff's counsel in Boone mailed a petition seeking damages for personal injury to the Clerk of the District Court in Boone. At the same time the original notice...

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