Klema v. Herbel

The opinión of the court was delivered by

Hoch, J.:

We are asked to 'determine whether under section 60-3210, G. S. 1935, service of a notice of an application to revive a judgment is invalid unless the notice has been issued by the clerk of the court, under seal of the court. The trial court overruled defendant's motion to quash and revived the judgment. Defendants appeal.

We first consider a motion by appellee to dismiss the appeal. The record discloses that the notice of appeal was signed on July 27, 1942, copy served upon appellee on the same day, but that the original notice and proof of'…