rules of civil procedure have force and effect of statutes
How later courts described this case
- rules of civil procedure have force and effect of statutes
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Kersten Co., Inc. v. Department of Social Services, 1973 Iowa Sup. LEXIS 1000 (1973)
160 N.W.2d 815, 817 (Iowa 1968) (rules of civil procedure have force and effect of statutes), overruled on other grounds by Kersten Co. v. Department of Soc. Servs., 207 N.W.2d 117, 122 (Iowa 1973).
The opinion
STUART, Justice
(concurring specially).
I concur in the majority opinion but favor an additional statement expressing dissatisfaction with governmental immunity as a matter of public policy.