Vogel v. Roberts

STRUTZ, Chief Justice.

This case was before us previously on a motion to dismiss the appeal for failure of the appellants to comply with the law and the rules of this court governing appeals. Vogel v. Roberts, 202 N.W.2d 387 (N.D. 1972). There, the purported appeal was from an order denying a motion to vacate a default judgment and from the default judgment itself. We held that where the appeal from the order was ineffectual because it was not timely taken but the appeal from the judgment was timely, this court was without jurisdiction to consider the order denying the motion to vacate but…