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FIREMAN'S FUND MORTG. CORP. v. SMITH

Civ. No. 870081.

436 N.W.2d 246 (1989)

FIREMAN'S FUND MORTGAGE CORPORATION, f/k/a Manufacturers Hanover Mortgage Corporation, Plaintiff and Appellee, v. Curtis C. SMITH and Barbara A. Smith, Defendants and Appellants.

Supreme Court of North Dakota.

February 20, 1989.

Attorney(s) appearing for the Case

Kent A. Higgins, Bismarck, for defendants and appellants.

Howe, Hardy, Galloway & Maus, PC, Dickinson, for plaintiff and appellee; argued by Gerald D. Galloway.

GIERKE, Justice.

The defendants, Curtis C. Smith and Barbara A. Smith (Smiths), appeal from a county court judgment entered in favor of the plaintiff, Fireman's Fund Mortgage Corporation (Fireman's Fund). We affirm.

The facts involved in this appeal are not in dispute. This is an eviction action as provided for under Chapter 33-06 of the North Dakota Century Code. On January 29, 1987, the summons and complaint in this eviction action were served on the Smiths...

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