|10:15am||Wednesday, November 2, 2011|
American Family Insurance and
Prairie West Apartments I, a
limited partnership, and Valley
Rental Service, Inc., Plaintiffs and Appellants
Waupaca Elevator Company, Inc., Defendant and Appellee
|Appeal from:||East Central Judicial District, Cass County, Judge Douglas R. Herman|
|Nature of Action:||Other (Civil)|
Appellant's Statement of the Issues:|
Whether the computation for N.D.C.C. 28-01-16 six year statutory limitation time period excludes the first day-the date the cause of action accrued-and not the last day of the sixth year, pursuant to N.D.R.Civ.P., Rule 6(a) and N.D.C.C. 1-02-15.
Appellee's Statement of the Issues:
1.Whether the Plaintiffs' lawsuit was timely commenced on December 30, 2010 when the Plaintiffs did not have the bona fide intent that the Summons and Complaint be served on December 30, 2010?
2.Whether the Plaintiffs' lawsuit was timely commenced within six years of December 30, 2004 as is required by N.D.C.C. 28-01-16?
Generated from Supreme Court Docket on 11/30/2011