Valley Service, Inc. v. Himle Plumbing & Excavating, Inc.

TEIGEN, Chief Justice.

The respondent moved to dismiss this appeal on the ground that the Supreme Court has no jurisdiction. The motion is based on the ground that an appeal from a part of a judgment does not lie under § 28-27-32, N.D.C.C. The appellant resisted the motion and noticed an alternative motion to amend the notice of appeal to provide that the appeal is taken from the whole judgment, which motion was resisted by the respondent. Both motions were argued at the same time and this Court took the matter under advisement.

It appears from the pleadings that the appellant commenced this…