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IN RE GUARDIANSHIP OF FRANK

No. 8147.

128 N.W.2d 355 (1964)

In the Matter of the GUARDIANSHIP and Competency of Eleanor FRANK. Bertha SCHMIDT, Odelia Tischmak, Angeline F. Mahrer, and Ralph J. Frank, Petitioners and Appellants, v. Leo R. FRANK, a/k/a L. Richard Frank, Ronald E. Frank, Eleanor Frank, Rose Mary Frank, and Rev. Hugo Backes, as special guardian of Eleanor Frank, Respondents.

Supreme Court of North Dakota.

April 30, 1964.

Attorney(s) appearing for the Case

Vogel, Ulmer & Bair, Mandan, for petitioners and appellants.

Maurice G. LaGrave, Mandan, for respondents.

MORRIS, Chief Justice.

This matter came before the Court on April 10, 1964, upon a motion by the respondents to dismiss the appeal on the ground that no appeal had been perfected for the reason that the purported undertaking on appeal had never been executed by two sureties, as required by Section 28-27-09, NDCC, but had only been executed by the appellants; that the undertaking was therefore void and of no effect; and that the undertaking on appeal is a jurisdictional...

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