Ross v. City of Kenmare
North Dakota Supreme Court
Motion to dismiss appeal upon the alleged ground that such appeal was taken after the expiration of one year from the date of service of the notice of entry of judgment.
1Opinion of the CourtFisk, J.
Eespondent moves to dismiss the appeal herein upon the ground that notice thereof was served more than one year after notice of the entry of the judgment was given.
Sec. 7204, Eev. Codes 1905 provides: “An appeal from a judgment may be taken within one year after written notice of the entry thereof, in case the party against whom it is entered has appeared in the -action.” The judgment was entered on August 7, 1912, and on August 9th notice of the entry thereof was mailed in an envelop addressed “City Attorney, Kenmare, North Dakota.” The sole question for determination is whether such service…
2Cases cited2 opinions
- Parker v. City of WilliamsburghNew York Supreme Court · 1856
- Keogh v. SnowNorth Dakota Supreme Court · 1900