American Family Insurance v. Waupaca Elevator Co.

10:15am

Wednesday, November 2, 2011

20110198

American Family Insurance and
Prairie West Apartments I, a
limited partnership, and Valley
Rental Service, Inc., Plaintiffs and Appellants
v.
Waupaca Elevator Company, Inc., Defendant and Appellee

Appeal from:

East Central Judicial District, Cass County, Judge Douglas R. Herman

Nature of Action:

Other (Civil)

Counsel:

Appellant:		Steven Francis Lamb
Appellee:		Gordon Henry Hansmeier

Issues:

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?

Briefs:

Case Summary
Appellant Brief
Appellee Brief

Go to Docket

Generated from Supreme Court Docket on 11/30/2011