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STACK v. STACK

Civ. No. 8931.

211 N.W.2d 392 (1973)

Marilyn J. STACK, Plaintiff and Appellee, v. James STACK, Defendant and Appellant.

Supreme Court of North Dakota.

October 1, 1973.

Attorney(s) appearing for the Case

Milton K. Higgins, Bismarck, for defendant and appellant.

Morris A. Tschider, Bismarck, for plaintiff and appellee.

PAULSON, Judge.

By order dated October 19, 1970, the Burleigh County District Court dismissed a motion by the defendant-appellant, James Stack, to vacate a judgment. On December 21, 1970, the notice of appeal from the order of dismissal, together with the undertaking on appeal, was filed with the clerk of said district court. The partial record on appeal was mailed by the clerk of the district court to the clerk of the...

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