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VOGEL v. ROBERTS

Civ. No. 8828.

202 N.W.2d 387 (1972)

Anton VOGEL and Ruth Vogel, Plaintiffs and Respondents, v. Kenneth R. ROBERTS and Colleen Roberts, Defendants and Appellants.

Supreme Court of North Dakota.

October 31, 1972.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for plaintiffs and respondents.

Christensen, Christensen & Bear, Bismarck, for defendants and appellants.

STRUTZ, Chief Judge.

The plaintiffs commenced this action by service of summons and complaint, which the defendants took to their lawyers for the purpose of having an answer prepared and served. The defendants' attorneys, within the time for answer, served upon the plaintiffs' counsel a document which they entitled "Notice of Appearance." This notice in reality was a general denial. The defendants thereafter took no further action, and the plaintiffs served upon them...

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