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HOERNER v. WAGNER

No. 7901.

105 N.W.2d 337 (1960)

Fred HOERNER, d/b/a Hoerner Chevrolet, Plaintiff and Respondent, v. Clarence WAGNER, Defendant and Appellant.

Supreme Court of North Dakota.

October 3, 1960.

Attorney(s) appearing for the Case

Greenwood & Swanson, Dickinson, for plaintiff and respondent.

George T. Dynes, Dickinson, for defendant and appellant.

TEIGEN, Justice.

The sole question raised by this appeal is whether the undertaking upon appeal from the justice to the district court must be formally approved by the clerk of the district court to which the appeal is taken to give the district court jurisdiction.

Judgment was entered against the defendant in justice court on January 12, 1960. Notice of appeal and undertaking were served on the attorney for the plaintiff as provided by Sections 33-1102 and...

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