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FIRST NAT. BANK OF JAMESTOWN v. HOGGARTH

Civ. Nos. 10276, 10277.

331 N.W.2d 271 (1983)

FIRST NATIONAL BANK OF JAMESTOWN, a corporation, Plaintiff and Appellee, v. Vernon HOGGARTH, Odis Hoggarth and Roger Hoggarth, d.b.a. Hoggarth Land and Cattle Company, Defendants, and DeVerne Hoggarth, Defendant and Appellant. FIRST NATIONAL BANK OF JAMESTOWN, a corporation, Plaintiff and Appellee, v. Vernon HOGGARTH, Odis Hoggarth, d.b.a. Hoggarth Land and Cattle Company and DeVerne Hoggarth, Defendants, and Roger Hoggarth, a partner, d.b.a. Hoggarth Land and Cattle Company, Defendant and Appellant.

Supreme Court of North Dakota.

March 11, 1983.

Attorney(s) appearing for the Case

David E. Nething, Jamestown, for plaintiff and appellee. Kraemer, Beauchene & Associates, Fargo, for defendants and appellants DeVerne Hoggarth and Roger Hoggarth; argued by Frederick D. Kraemer, Fargo.

SAND, Justice.

Roger Hoggarth, a partner in Hoggarth Land and Cattle Co., and DeVerne Hoggarth,1 separately appealed from orders denying their motions to vacate a default judgment. Upon request, the appeals were consolidated.

First National Bank of Jamestown (the Bank) brought actions against Vern Hoggarth, Odis Hoggarth, and Roger Hoggarth, d.b.a. Hoggarth Land and Cattle Co., and against DeVerne Hoggarth to recover on a promissory...

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