BERNHARDT v. DITTUS

Civ. No. 9424.

265 N.W.2d 684 (1978)

Terry BERNHARDT, Plaintiff-Appellee, v. Larry DITTUS, Defendant-Appellant.

Supreme Court of North Dakota.

April 13, 1978.


Attorney(s) appearing for the Case

Draeb, Draeb & Schwartz, Hebron, for defendant and appellant; argued by Ronald Schwartz, Hebron.

Reichert, Howe, Hardy, Moench, Galloway & Jorgensen, Dickinson, for plaintiff and appellee; argued by Donald L. Jorgensen, Dickinson.


PAULSON, Judge.

This is an appeal from the order of the Stark County District Court, entered on July 25, 1977, vacating and setting aside the default judgment of the Stark County Small Claims Court which had been entered on November 18, 1976, in favor of Larry Dittus and against Terry Bernhardt.

On November 4, 1976, Dittus filed a claim affidavit in the Stark County Small Claims Court to recover amounts allegedly due from Bernhardt for labor and materials...

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