Bice v. Incorporated City of Urbandale
| Decision Date | 05 April 1966 |
| Docket Number | No. 51988,51988 |
| Citation | 258 Iowa 1013,141 N.W.2d 639 |
| Parties | Marjorie P. BICE, Appellant, v. The INCORPORATED CITY OF URBANDALE, Iowa, Appellee. |
| Court | Iowa Supreme Court |
J. Blaine Phipps, Des Moines, for appellant.
Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.
Plaintiff caused a petition to be filed in Polk County District Court by which she sought damages from defendant city.
'You are hereby notified that the petition of the above-named plaintiff is now on file with the Clerk of the above-named Court, demanding of you judgment in the amount of $20,000.
'FOR FURTHER PARTICULARS, SEE COPY OF PETITION ATTACHED HERETO.
'You are further notified that unless you so appear before the above-named Court within 20 days after service of this notice upon you, your default will be entered and judgment rendered against you as prayed for in plaintiff's petition. * * *'
By special appearance defendant challenged jurisdiction of the court due to plaintiff's failure to name, in her original notice, the city or town where the court convened.
The trial court sustained defendant's special appearance and plaintiff appealed.
I. The relevant portions of rule 50, R.C.P., provide as follows: * * *.' (Emphasis supplied)
We have previously held the requirements of the rule which we have underlined are mandatory; compliance with these clearly enunciated dictates is essential to jurisdiction of the court; and that rule 50 has the status of a statute. Summerlott v. Goodyear Tire & Rubber Co., 253 Iowa 121, 125--126, 111 N.W.2d 251, 93 A.L.R.2d 371.
Furthermore, the terms and provisions of the subject rule are clear and unmistakable and may not be changed or altered because of hardship or misfortune which may at times result from its application. Evans v. Ober, 256 Iowa 708, 713, 129 N.W.2d 78.
And in Parkhurst v. White, 254 Iowa 477, 481, 118 N.W.2d 47, 49, ...
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Eastern Iowa Light & Power Co-op. v. Interstate Power Co., 53220
...of Manson, 256 Iowa 957, 962, 129 N.W.2d 744. Compliance with the rules relative to notice is mandatory. Bice v. Incorporated City of Urbandale, 258 Iowa 1013, 1015, 141 N.W.2d 639. 'The right of appeal is purely a creature of statute. If an appeal is to be taken notice thereof must be give......
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...164 N.W.2d 79, 80 (Iowa 1969); Gordon v. Doden, 261 Iowa 285, 287, 154 N.W.2d 146, 147 (1967); Bice v. Incorporated City of Urbandale, 258 Iowa 1013, 1015, 141 N.W.2d 639, 640 (1966); Parkhurst v. White, 254 Iowa 477, 480, 118 N.W.2d 47, 49 (1962). Our holdings have been criticized as hyper......
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...of action and was fatally defective. The rule of liberal construction of irregularities did not apply.' Bice v. Incorporated City of Urbandale, 258 Iowa 1013, 1015, 141 N.W.2d 639, 640, contains this, '* * * (A) failure to comply with the precise and clearly stated requirements of rule 50 i......
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