Beddow v. Flage
North Dakota Supreme Court
Appeal from District Court, LaMoure county; W. II. Winchester, J. Action by W. E. Beddow against Ered C. Elage. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtFisk, J.
This is a motion by respondent for an order dismissing the appeal, the sole ground of the motion being that .the undertaking on appeal was not served with the notice of appeal. The notice was served on March 1, 1909, and the undertaking on March 24, 1909. Both were filed in the office of the clerk of the district court at the same time, — March 26th thereafter. It is the contention of respondent’s counsel that service of a copy of the undertaking, simultaneously with the service of the notice of appeal, is essential to the jurisdiction of this court. Such contention is manifestly very…
2Cases cited12 opinions
- Hummert v. SchwabIllinois Supreme Court · 1870
- Mather v. DarstSouth Dakota Supreme Court · 1899
- Morrison v. O'BrienSouth Dakota Supreme Court · 1903
- Raymond v. . RichmondNew York Court of Appeals · 1879
- Goldie v. McDonaldIllinois Supreme Court · 1875
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3Cited by3 opinions
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