Legal Opinion

McLean v. Underdal

North Dakota Supreme Court

Decided September 23, 1943No. File No. 6873PublishedCited by 8 opinions

1Opinion of the Court

Morris, Ch. J.

A motion was made in the Supreme Court to dismiss the appeal. This motion is based upon two grounds: 1st. that the notice of appeal is not supported by a sufficient undertaking and 2nd. that the statement of the case was not settled within the time prescribed by statute, and that the trial court abused its discretion in extending the time for settlement of the statement in that no “good cause” was shown by the appellant.

The practice question arising on the defective undertaking involves the following facts. A notice of appeal and an undertaking were served on attorneys for the…

2Cases cited18 opinions

  1. Heald v. StrongNorth Dakota Supreme Court · 1912
  2. Woods v. WalshNorth Dakota Supreme Court · 1898
  3. Burger v. SinclairNorth Dakota Supreme Court · 1912
  4. Lynch v. Sable-Oberteuffer-Peterson, Inc.Oregon Supreme Court · 1927
  5. Pfeiffer v. NormanNorth Dakota Supreme Court · 1911

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3Cited by8 opinions

  1. National Tailoring Co. v. ScottWyoming Supreme Court · 1948
  2. In Re Guardianship of FrankNorth Dakota Supreme Court · 1964
  3. Karabensh v. GrantNorth Dakota Supreme Court · 1955
  4. Knoebel v. Chief Pontiac, Inc.New Mexico Supreme Court · 1956
  5. Aune v. City of MandanNorth Dakota Supreme Court · 1969

3 more not listed; retrieve them via the Exa API.

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