Karabensh v. Grant

JOHNSON, Judge.

This is an appeal from a judgment obtained by default and from an order denying a motion to open or vacate the judgment thus obtained. There is also an attempt to appeal from the memorandum decision upon which the order denying the motion is based. No appeal lies from the memorandum decision. Zenker v. Winder, N.D., 68 N.W.2d 671.

The plaintiff brought an action to foreclose a mechanic’s lien against defendant covering property in the city of Mott, Hettinger County, North Dakota. The defendant answered and set up a counterclaim. A reply was made thereto. The plaintiff noticed…