Charles Karabensh v. Lee J. Grant

1. Where the record on appeal discloses that the notice of certification of the record sets no date, time or place of hearing thereon, except that the plaintiff herein will, not less than fifteen (15) nor more than thirty (30) days after the service * * * present to the court for certification on appeal the records, files and papers, copies of which are hereto attached * * *, no proper notice of motion for settlement of the statement of the case has been served and a motion to strike the settlement of the case must be granted. Sections 28-2805, 28-1806 NDRC 1943.