ZARAK v. HJELLE

No. 8405.

154 N.W.2d 377 (1967)

William ZARAK and Caroline Messersmith, Plaintiffs and Appellants, v. Walter R. HJELLE, State Highway Commissioner for the State of North Dakota, Defendant and Respondent.

Supreme Court of North Dakota.

November 22, 1967.


Attorney(s) appearing for the Case

Freed, Dynes & Malloy, Dickinson, and Floyd B. Sperry, Bismarck, for plaintiffs and appellants.

Helgi Johanneson, Atty. Gen., and Jon Kerian, Asst. Atty. Gen., Bismarck, for defendant and respondent.


TEIGEN, Chief Justice.

This is an appeal taken by the plaintiffs from the trial court's order refusing to settle the statement of the case as a record for presentation to this court on an appeal.

It appears from the record that the plaintiffs, as appellants, served notice of entry of judgment, notice of appeal, undertaking, and specifications of error on the attorneys for the defendant on October 28, 1964. The appeal was taken from the judgment; however, they...

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