NAGLE LUMBER CO. v. BETTER BUILT HOMES

No. 53016.

160 N.W.2d 446 (1968)

NAGLE LUMBER CO., Appellee, v. BETTER BUILT HOMES, Appellant.

Supreme Court of Iowa.

July 18, 1968.


Attorney(s) appearing for the Case

Earl W. Sutton, of Sutton & Nielsen, Altoona, for appellant.

Shulman, Phelan, Tucker, Boyle & Mullen, Iowa City, for appellee.


STUART, Justice.

The sole question before us here is whether the trial court can rule on a motion for summary judgment when a timely motion for change of venue is also pending. We hold the motion for change of venue takes precedence.

Plaintiff's petition was filed on September 28, 1967 demanding judgment on a promissory note executed by defendant. Plaintiff is a corporation with its principal place of business in Iowa City, Iowa. Defendant is an Iowa corporation...

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