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VALLEY SERVICE v. HIMLE PLUMBING & EXCAVATING

No. 8412.

151 N.W.2d 301 (1967)

VALLEY SERVICE, INC., a corporation, Plaintiff and Appellant, v. HIMLE PLUMBING & EXCAVATING, INC., a corporation, Defendant and Respondent.

Supreme Court of North Dakota.

June 2, 1967.

Attorney(s) appearing for the Case

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for plaintiff and appellant.

Duffy & Haugland, Devils Lake, for defendant and respondent.

TEIGEN, Chief Justice.

The respondent moved to dismiss this appeal on the ground that the Supreme Court has no jurisdiction. The motion is based on the ground that an appeal from a part of a judgment does not lie under § 28-27-32, N.D.C.C. The appellant resisted the motion and noticed an alternative motion to amend the notice of appeal to provide that the appeal is taken from the whole judgment, which motion was resisted by the respondent. Both motions were argued...

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