Page:North Dakota Reports (vol. 48).pdf/66

 WALTER A. GARSKE, Respondent, v. S. A. HANN, and MARY HANN, Appellants.

Appeal and error — service of notice of appeal by mail not authorized where parties reside in same city.

Section 7952, C. L. 1913, which authorizes service by mail when the person making the service and the person on whom it is to be made reside in different places, between which there is a regular communication by mail, does not authorize service of a notice of appeal by mail where the party serving it and the party upon whom it is to be served reside in the same city.

Appeal from the district court of Ramsey County, Burr, J.

Affirmed.

R. Goer, H. S. Blood, of counsel, for appellants.

Flynn, & Traynor & Traynor, for respondent.

, J: On July 5th, 1919, the plaintiff obtained a judgment for $162.26 in the justice court of Ramsey County before W. H. Wilson, Justice of the Peace. A few days thereafter, R. Goer, as attorney for the defendant, prepared a notice of appeal directed to Flynn & Traynor, notifying them that the defendants were appealing from such judgment to the district court. A copy of this notice, together with copies of the undertaking and answer, was inclosed in an envelope and mailed to Flynn & Traynor by registered letter, postage prepaid. The registry receipt shows that the envelope containing the papers was deliverddelivered [sic] on July 8th, the name of Flynn & Traynor appears in the blank for the signature or the name of the addresses and under this blank in the space set aside for the signature of the addresse’s agent appears the name “Edith Webster.” Messrs. Goer and Flynn & Traynor all live and practice law in the City of Devils Take and the registered letter was both mailed and receipted for in Devils Lake. In October, 1919, plaintiff’s attorney served notice of motion to dismiss the appeal. The motion came on to be heard before Honorable A.