Aune v. City of Mandan

PAULSON, Judge.

This matter came before the court on March 4, 1969, upon the respondent’s, City of Mandan’s, motion to dismiss the appeal. The City’s motion is based upon two grounds, namely, that since the undertaking was executed by the appellant, Barbara Auné, and was signed by only one surety, it did not comply with the requirements of § 28-27-09 of the North Dakota Century Code; and, further, that Barbara has failed to perfect the record on appeal and cause the same to be filed in this court within the time allotted.

Barbara opposes the motion by urging that the undertaking was executed…