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GOOLSBY v. DERBY

No. 54315.

189 N.W.2d 909 (1971)

Floyd GOOLSBY, Plaintiff, v. Zella M. DERBY, administrator of the Estate of Carl W. Derby, a/k/a W. Carl Derby, deceased, Defendant. Zella M. DERBY, administrator of the Estate of Carl W. Derby, a/k/a W. Carl Derby, deceased, Cross-Petitioner-Appellant, v. E. G. STAATS & COMPANY, Inc., Defendant to Cross-Petition-Appellee.

Supreme Court of Iowa.

September 9, 1971.

Attorney(s) appearing for the Case

Dull, Keith & Beaver, Ottumwa, and Hugh W. Lundy, Albia, for cross-petitioner-appellant.

John N. Moreland, Ottumwa, for defendant to cross-petition-appellee.

MASON, Justice.

This is an appeal from the trial court's ruling sustaining the motion for directed verdict made by E. G. Staats & Company, Inc., defendant to a cross-petition, at the close of the evidence of cross-petitioner, Zella M. Derby, administrator of the estate of Carl Derby, her deceased husband. It presents the question whether this court should make an exception to the general rule now followed in Iowa that a judgment operates as a bar to relitigation...

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