Stegmeier v. Gappert

TEIGEN, Judge.

Tliis appeal is taken from an order denying a request for an extension of time in which to move for a new trial, and from the judgment entered against the defendants in the above entitled action. The case was tried to the court without a jury and the Gapperts, as appellants, have demanded a trial de novo in this court.

The record discloses that the application for extension of time in which to move for a new trial was made ex parte; therefore, the order denying the same is not appealable. Section 28-27-02(7), N.D.C.C., provides that an order made by the district court, or judge…