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SIMONSON v. SITTNER

No. 7628.

82 N.W.2d 78 (1957)

Bob SIMONSON, a/k/a R. W. Simonson, d/b/a Western Sales Management, Plaintiff and Respondent, v. Peter SITTNER, Defendant and Appellant.

Supreme Court of North Dakota.

March 30, 1957.

Attorney(s) appearing for the Case

James A. Clement, Hettinger, Morrison & Skaug, Mobridge, S. D., for appellant.

Robert Wallin, Hettinger, for respondent.

SATHRE, Judge.

This is an appeal from an order of the district court of Sioux County denying the defendants application for vacating and setting aside a default judgment entered against him in favor of the plaintiff and for leave to interpose answer. The facts are undisputed and are as follows:

Service of the Summons and Complaint was made personally on the defendant on March 20, 1956. On April 17, 1956 one of the attorneys for the defendant wrote the attorney...

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