Supreme Court of Iowa October 16, 1945, No. 46754. (May v. Haynie)

Smith, J.

The petition herein was filed August 25, 1944, and the original notice served September 16, 1944. The petition alleges that in 1938 these parties were engaged in litigation in which appellant herein was defeated because of certain false and fraudulent claims which appellee then made. The decree in that case was entered February 4, 1939, and was affirmed by this court April 2, 1940.