KAPUS v. WEISSER FINANCE, INC.

No. 8556.

169 N.W.2d 109 (1969)

M. J. KAPUS, Plaintiff and Respondent, v. WEISSER FINANCE, INC., a corporation, and First National Bank in Grand Forks as Administrator with the Will Annexed of the Estate of W. C. Weisser, Deceased, Defendants and Appellants.

Supreme Court of North Dakota.

June 30, 1969.


Attorney(s) appearing for the Case

Letnes, Murray & Marshall, Grand Forks, for appellants.

Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, for respondent.


ERICKSTAD, Judge (on reassignment).

On May 28, 1969, counsel for M. J. Kapus filed in this court a motion asking us to dismiss this appeal on the grounds that the order made was not appealable and that the trial judge was without jurisdiction because an affidavit of prejudice had been filed against him with the clerk of the court before the hearing which resulted in the order.

On June 5, 1969, an amended motion was filed in this court in which a further ground...

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