Iowa Code

Iowa Code § 611.7 (2026)

Error — effect of

✓ current as of July 2026
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An error of the plaintiff as to the kind of proceedings adopted shall not cause the abatement or dismissal of the action, but merely a change into the proper proceedings, and a transfer to the proper docket. [R60, §2613; C73, §2514; C97, §3432; C24, 27, 31, 35, 39, §10944; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.7]

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Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1947–2023 · leading case: Blake James Jacobs v. Iowa Dep't of Transp., Motor Veh. Div., 887 N.W.2d 590 (Iowa 2016).
Blake James Jacobs v. Iowa Dep't of Transp., Motor Veh. Div., 887 N.W.2d 590 (Iowa 2016). · cites it 4× “Iowa Code § 611.7 . 7 . We do not mean to imply that the clerk's office acted unreasonably in returning the filing on November 19.”
Lucas v. Pioneer, Inc., 256 N.W.2d 167 (Iowa 1977). · cites it 4× “Ordinarily "an error of the plaintiff as to the kind of proceedings adopted shall not cause the abatement or dismissal of the action, but merely a change into the proper proceedings, and a transfer to the proper docket.”
King Features Syndicate v. Courrier, 43 N.W.2d 718 (Iowa 1950). · cites it 2× “Our further consideration of this case is not to be construed as holding that the subject matter of this suit is one within the province of the equity court.”
Wright v. Copeland, 41 N.W.2d 102 (Iowa 1950). · cites it 2× “Section 611.7, Code, 1946. 'Since defendants did not move for such transfer pursuant to .”
Massey v. City Council of Des Moines, 31 N.W.2d 875 (Iowa 1948). · cites it 2× “” The action here complained of is the appointment of a chief of police and a regulation of his duties and responsibilities.”
Christensen v. Bd. of Supervisors of Woodbury Co., 105 N.W.2d 102 (Iowa 1960). · cites it 2× “Code, §§ 611.7 and 611.9 provide an error as to the kind of proceedings adopted shall not cause the dismissal of the action, but merely a change into the proper proceedings, and a transfer to the proper docket and that defendant may have the correction made by motion to transfer.”
Newton v. City of Grundy Ctr., 70 N.W.2d 162 (Iowa 1955). “C. P., is broad enough to cover claims in all courts, and we believe relates only to claims showing on their face no recovery can be had in any court, such as matters barred by the statute of limitations.”
Riter v. Keokuk Electro-Metals Co., 82 N.W.2d 151 (Iowa 1957). “1 was not applicable and the case should have been brought in equity. Defendant’s failure to pursue the remedy afforded by statute for the correction of the assigned error for bringing the action at law precludes consideration of this complaint.”
In Re Est. of Lenders, 78 N.W.2d 536 (Iowa 1956). “Sections 611.7, 611.9', 611.12, Code, 1954.”
Matter of Est. of Young, 273 N.W.2d 388 (Iowa 1978). “Sections 611.7, 611.9, 611.12, Code 1954, I.”
In Re Est. of Pierce, 60 N.W.2d 894 (Iowa 1953). “Time and again we have pointed out there is but one court of general jurisdiction in Iowa — the district court.' Before it all proceedings come, whether law, equity or probate.”
In Re Guardianship of Damon, 28 N.W.2d 48 (Iowa 1947). “Separate dockets are kept merely for convenience and efficiency, to expedite the administration of justice.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.