Hoerner v. Wagner

TEIGEN, Justice.

The sole question raised by this appeal is whether the undertaking upon appeal from the justice to the district court must be formally approved by the clerk of the district court to which the appeal is taken to give the district court jurisdiction.

Judgment was entered against the defendant in justice court on January 12, 1960. Notice of appeal and undertaking were served on the attorney for the plaintiff as provided by Sections 33-1102 and 33-1107, NDRC 1943, on February 12, 1960. The notice of appeal and undertaking, together with proof of service thereof, were filed with the…