Zarak v. Hjelle

TEIGEN, Chief Justice.

This is an appeal taken by the plaintiffs from the trial court’s order refusing to settle the statement of the case as a record for presentation to this court on an appeal.

It appears from the record that the plaintiffs, as appellants, served notice of entry of judgment, notice of appeal, undertaking, and specifications of error on the attorneys for the defendant on October 28, 1964. The appeal was taken from the judgment; however, they did not obtain a certificate settling the statement of the case. Section 28-18-06, N.D.C.C., provides that the record for presentation to…