Matter of Estate of Honerud

PEDERSON, Justice.

This is a motion by Adeline Sanford and Hermoine Hammargren to dismiss an appeal by Kenneth D. Sanden from a judgment, alleging a failure to file the notice of appeal within the time permitted by the rules. Motion denied.

The facts are as follows:

Judgment was entered in district court for Sanford and Hammargren on August 21, 1979. On that same day, a copy of the notice of entry of judgment was served by mail upon Sanden’s counsel (Ohlsen). Counsel for Sanford and Hammargren (Feste) alleges that on August 22, 1979, he personally delivered a copy of the notice of entry of…