GRAVEN v. BACKUS

Civ. No. 8491.

163 N.W.2d 320 (1968)

Thomas G. GRAVEN, Plaintiff and Appellant, v. Jack W. BACKUS, Defendant and Respondent, and Third-Party Plaintiff, v. Reuben THOME, Third-Party Defendant.

Supreme Court of North Dakota.

December 10, 1968.


Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiff and appellant.

Kenneth M. Moran, Jamestown, for defendant and respondent.


TEIGEN, Chief Justice.

We are involved here with an appeal by the plaintiff and a cross-appeal by the defendant. Both appeals are from the judgment. The case was tried to the court without a jury and the plaintiff, as appellant, has demanded a trial de novo. The defendant, as cross-appellant, has limited his appeal to specifications of error which were served with the notice of appeal.

The subject of the action involves an encroachment of the defendant's building...

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