ZARAK v. HJELLE

Civ. No. 8405.

156 N.W.2d 815 (1968)

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

Supreme Court of North Dakota.

February 29, 1968.


Attorney(s) appearing for the Case

Freed, Dynes & Malloy, Dickinson, and Floyd B. Sperry, Bismarck, for plaintiff and appellant.

Helgi Johanneson, Atty. Gen., by Myron E. Bothun, Sp. Asst. Atty. Gen., Bismarck, for respondent.


TEIGEN, Chief Justice.

This is an appeal by one landowner from a judgment entered in his favor and that of one of his co-owners, in a condemnation proceeding brought by the state highway commissioner to acquire certain real property for highway purposes. No statement of the case is settled and the record in this court consists of the judgment roll which does not include the transcript of the evidence adduced at the trial, nor the exhibits that may have been introduced...

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