Zueger v. ND Workers Comp.
, 1998 ND 175,
584 N.W.2d 530
A claimant's alleged failure to perform to the full extent of his
abilities on a functional capacity evaluation is not a "false
statement" under N.D.C.C. 65-05-33.
Kadlec v. Greendale Township Board of Supervisors
, 1998 ND 165,
583 N.W.2d 817
A board of township supervisors, not a water resource district,
has the authority to install culverts in township roads when
necessary to preserve the natural drainage of surface waters.
The owner of the lower, or servient, estate must receive surface
water from the upper or dominant estate in its natural flow, and
neither the owner of the upper land nor the owner of the lower
land may interfere with the natural drainage so as to injure the
rights of the other.
Exhaustion of remedies before a writ of mandamus can be issued is
not required if exhaustion would be futile or if the case
involves only the interpretation of an unambiguous statute.
Circle B Enterprises, Inc. v. Steinke
, 1998 ND 164,
584 N.W.2d 97
A contractor who fails to substantially perform a contract cannot
recover under the contract for work performed, but may be
entitled to recover in quantum meruit if the value of the part
performance is not integrated into a valid liquidated damages
clause.
Kouba v. FEBCO, Inc.
, 1998 ND 171,
583 N.W.2d 810
A nonfinal judgment that can easily be made final can be remanded
with instructions to enter final judgment under N.D.R.Civ.P.
54(b), while retaining jurisdiction under N.D.R.App.P. 35(b).
Ali v. ND Workers Comp. Bureau
, 1998 ND 146,
583 N.W.2d 115
Under NDCC 65-05-28(4), the Bureau may suspend benefits (1) if
the employee refuses to submit to, or intentionally obstructs, an
"examination," or (2) if the employee refuses to reasonably
participate in "treatment."
A functional capacity evaluation conducted to determine the
employee's ability to return to work was an "examination," and
did not constitute "treatment."
Ali v. Dakota Clinic
, 1998 ND 145,
582 N.W.2d 653
Trial court's denial of a motion for a new trial is appropriate
where the movant is
unable to show the inappropriate comments made by opposing
counsel during
closing argument prejudiced the jury.
Messiha v. State of ND
, 1998 ND 149,
583 N.W.2d 385
A trial court does not abuse its discretion in denying a motion
to amend a complaint made after a responsive pleading is served
if the claim could have been brought as an independent action.
A party making a contractual claim for the recovery of money
against the State must present a written claim for money to the
entity designated under N.D.C.C. 32-12-03.
A party making a noncontractual claim against the State must
present a written claim for compensation to the office of
management and budget under N.D.C.C. 32-12.2-04.
State v. Messner
, 1998 ND 151,
583 N.W.2d 109
A trial court does not abuse its discretion by allowing a social
worker to testify about what an alleged child-victim said when
interviewed where there were sufficient guarantees of
trustworthiness of the victim's out-of-court statements. An
accused's confrontation rights are not violated when the child is
available for cross-examination.
Henry v. Henry
, 1998 ND 141,
581 N.W.2d 921
A presumed father's request for genetic paternity testing must be
made
by a motion to the trial court.
Trial court's imputation of income to an underemployed obligor is
not
clearly erroneous when supported by evidence of earnings by
others in the
community with the same skills and experience.
Accumulation of child support in arrears is appropriate where the
obligor has temporarily and voluntarily reduced his income while
attending
graduate school.
Estate of Wieland
, 1998 ND 130,
581 N.W.2d 140
A trial court does not abuse its descretion in denying a
N.D.R.Civ.P. 60(b)(ii)
motion to vacate the distribution of an estate when the movant
fails to show the
alleged new evidence would change the outcome.
Estate of Zimmerman
, 1998 ND 116,
579 N.W.2d 591
A prenuptial agreement is not a valid written waiver of a
surviving spouse's right to an elective share when it does not
waive "all rights," or contain equivalent language, in the
property or estate of the prospective spouse, and when it does
not contain a "complete property settlement."
A decedent's will that leaves a spouse "the legal minimum
required by law" entitles the surviving spouse to an elective
share of the augmented estate.
Luebke v. ND Dept. of Transportation
, 1998 ND 110,
579 N.W.2d 189
Upon request, a person arrested for DUI must be afforded a
reasonable
opportunity for an independent chemical test at his own expense.
Access to a telephone and telephone book to arrange an
independent test will
often satisfy minimum requirements of reasonableness.
Before law officers need do more than allow telephone access, an
arrestee must inform law
enforcement he has made arrangements for an independent test with
a qualified person.
Johnson v. Traynor
, 1998 ND 115,
579 N.W.2d 184
NDCC 65-02-15 requires injured worker to resolve dispute with
Workers
Compensation Bureau by arbitration when the amount in dispute is
less than
$3,000.
Failure to exhaust administrative remedies precludes judicial
review of the
constitutionality of a statute applicable to the administrative
claim.
State v. Greybull
, 1998 ND 102,
579 N.W.2d 161
To invoke her constitutional rights during a police
interrogation, a suspect must
make an unambiguous request for an attorney or to remain silent.
Police are not required to stop and clarify ambiguous requests.
The trial court is not required to inform a defendant, found to
be a special
dangerous offender, of the parole consequences of NDCC
12.1-32-09.1.
Campbell Farms v. Wald
, 1998 ND 85,
578 N.W.2d 96
Under NDCC 41-02-71, questions of nonconformity with a contract
for the sale of goods, substantial impairment of value, and
timely notice of revocation are questions of fact.
A contract need not be ambiguous for the admission of evidence of
usage of trade.
Gregory v. ND Workers Comp.
, 1998 ND 94,
578 N.W.2d 101
Under the 1995 version of NDCC 65-02-27, a worker who requests
assistance from the Workers' Adviser Program is deemed to have
requested an administrative hearing.
A request for a hearing constitutes a petition for
reconsideration under NDCC 65-01-14(4).
An appeal is not moot if the court is able to give effective
relief.
The 1995 version of NDCC 65-05-09.3(2), that canceled workers
compensation permanent total disability benefits when the injured
worker became eligible for social security retirement benefits,
did not apply to a worker who was already receiving those
benefits before the statute took effect.
State v. Poitra
, 1998 ND 88,
578 N.W.2d 121
A criminal defendant's waiver of the right to counsel must be
knowing and intelligent.
Nastrom v. Nastrom
, 1998 ND 75,
576 N.W.2d 215
Under NDRAppP 4(a), a 30-day extension of time to file an appeal
may be granted at the discretion of the trial court upon a
showing of excusable neglect.
Evidence of unique or extraordinary circumstances is needed to
excuse a
failure to file a timely notice of appeal.
The time for filing an appeal is jurisdictional and, without
jurisdiction, this court must dismiss an appeal.
Berg v. Ullman, ex rel., Ullman
, 1998 ND 74,
576 N.W.2d 218
A child support obligor is required by N.D. Admin. Code
75-02-04.1-02(7) to provide
documentation of current income.
Under N.D. Admin. Code 75-02-04.1-07(3), income must be imputed
to an underemployed obligor.
Although there are three methods of imputation, the baseline or
minimum imputation is 167 times the federal minimum wage.
A child support order must include a statement of the obligor's
net income and how that income was determined.
Diversified Financial Systems v. Binstock
, 1998 ND 61,
575 N.W.2d 677
In ruling on a motion for judgment notwithstanding the verdict,
the trial court must view the evidence in the light most
favorable to the litigant against whom the motion is made,
without weighing the evidence or judging the credibility of the
witnesses, to determine whether or not the evidence leads to but
one reasonable conclusion.
Robert v. Aircraft Inv. Co., Inc.
, 1998 ND 62,
575 N.W.2d 672
Negligence may be proven by circumstantial evidence, including
application of the res ipsa doctrine.
A trial court's finding the elements of res ipsa have been met
must be supported by reasonable evidence in the record.
In a negligence action, a defendant may prove a measure of
damages different from the one elected by the plaintiff, but has
the burden to prove it is a more appropriate measure.
This court will not consider questions first raised on appeal.
Nesseth v. Omlid
, 1998 ND 51,
574 N.W.2d 848
Failure to object or request a curative instruction to improper
arguments forfeits the right to raise the issue on appeal.
A trial court has an independent duty to intervene if improper
comments affect a litigant's substantial rights.
A trial court's denial of a new trial on damages is not an abuse
of discretion where the jury's award is supported by sufficient
evidence.
A trial court must make a clear statement of the reasons for a
denial of a new trial.
Global Financial Services v. Duttenhefner
, 1998 ND 53,
575 N.W.2d 667
Under the North Dakota law of assignment, an assignee of the
Resolution Trust Corporation is entitled to the benefit of the
federal statute of limitations under 12 U.S.C. 1821(d)(14).
Dethloff v. Dethloff
, 1998 ND 45,
574 N.W.2d 867
Entry of a default divorce judgment dividing property is an
appropriate exercise of a trial court's inherent power to
sanction where the trial court found the defendant had used delay
and evasiveness as an intentional litigation strategy.
Sanctions must be reasonably proportionate to the procedural
misconduct.
In a default divorce, a trial court must, absent an agreed
settlement, require
proof of the value of the marital estate and explain why the
division is equitable.
State v. Olander
, 1998 ND 50,
575 N.W.2d 658
The trial court's failure to instruct the jury that the State had
the burden of proving beyond a reasonable doubt the accused did
not act in self-defense was obvious error.
Huesers v. Huesers
, 1998 ND 54,
574 N.W.2d 880
In redetermining custody, the trial court should have considered
a statutory amendment clarifying what domestic violence invokes a
presumption against placing custody with the perpetrator.
The court's error in refusing to consider the statutory amendment
was harmless because, as a matter of law, the husband's conduct
constituted a pattern of domestic violence within a reasonable
time proximate to the divorce, thereby invoking the presumption.
Tuhy v. Schlabsz
, 1998 ND 31,
574 N.W.2d 823
Summary judgment is improper where genuine disputes of material
fact exist about whether a claimant suffered a "serious injury,"
a threshold for recovery under the no-fault auto reparations law,
NDCC ch. 26.1-41.
In considering a motion for summary judgment, the trial court may
not weigh the credibility of the evidence presented by each
litigant.
Estate of Stensland
, 1998 ND 37,
574 N.W.2d 203
The right to appeal is jurisdictional, and may be considered by
the court on its
own initiative.
In an unsupervised probate, an order leaving interrelated claims
unsettled is not
final under NDCC 28-27-02 and is not appealable.
State v. Esparza
, 1998 ND 13,
575 N.W.2d 203
Testimony of a non-accomplice and other evidence tending to
connect the
accused with the commission of the crime sufficiently
corroborates the
testimony of an accomplice.
Limited review on appeal of the sufficiency of the evidence to
convict of a
crime does not permit reweighing of the evidence or testimony.
In sentencing for conspiracy to commit armed robbery, a trial
court may
consider the use of a gun by an accomplice.
Paulson v. Bauske
, 1998 ND 17,
574 N.W.2d 801
The trial court's finding a custodial mother's move with her
child to Colorado to live with her new husband who had accepted a
job there would not be in the child's best interest was clearly
erroneous.
Continuity and stability of a custodial family unit is an
important consideration in deciding whether to allow a custodial
parent to move out of state with a child.
When a move is allowed, the court must restructure visitation to
preserve and foster the relationship between the child and
noncustodial parent.
State v. Conley
, 1998 ND 5,
574 N.W.2d 569
A prison inmate was "in custody" for Miranda purposes when
interviewed by prison officials at an investigatory meeting and
an adjustment committee hearing, thus making inadmissible at his
later criminal trial those incriminating statements he made
without benefit of Miranda warnings.
Lohstreter v. Lohstreter
, 1998 ND 7,
574 N.W.2d 790
Granting a parent some discretion in visitation transportation
for the safety of a child is appropriate when the other parent is
an alcoholic who continues to drink.
When allocating debt, a court may not disregard a spouse's
economic misconduct during the marriage.
A spouse returning to school and thereby facilitating
rehabilitation during a period of separation should not be denied
rehabilitative spousal support where there is insufficient
marital property to equalize the burdens and disadvantages of the
marriage.
Simmons v. New Public School District No. Eight
, 1998 ND 6,
574 N.W.2d 561
A notice of contemplated nonrenewal of a school superintendent
under NDCC 15-47-38.2(13) must give the reasons for nonrenewal
with sufficient particularity to notify the superintendent of the
specific grounds and factual claims to be addressed at the
hearing.
McCarty v. ND Workers Comp.
, 1998 ND 9,
574 N.W.2d 556
Absent new evidence, administrative res judicata precludes the
Workers Compensation Bureau from reconsidering the question of
whether the claimant made false statements that was or could have
been raised in an earlier adjudicative proceeding.
Interest of R.N.
, 1997 ND 246,
572 N.W.2d 820
An order under NDCC 25-03.1-18.1 must be supported by evidence
that forced
medication is clinically appropriate and necessary.
Allegations in an involuntary commitment petition must be proven
and cannot,
by themselves, serve as proof that a mentally ill person requires
treatment.
State v. Johnson
, 1997 ND 235,
571 N.W.2d 372
Defendant's second attempt to correct sentence on same contention
raised earlier is misuse of process.
State v. Albaugh
, 1997 ND 229,
571 N.W.2d 345
The State has a compelling interest in managing and preserving
the wildlife within its borders.
An appropriate game-and-fish checkpoint does not violate
constitutional proscriptions against unreasonable seizures.
The ratio of violations discovered to total vehicles stopped is
but one measure of a checkpoint's effectiveness, and the State's
failure to tally the total number of vehicles stopped does not by
itself render the checkpoint unconstitutional.
A game warden who observes open cans of beer in a vehicle stopped
at a game-and-fish checkpoint has statutory authority to
momentarily detain the driver until a nearby police officer on
the checkpoint "team" can investigate further.
Hanson v. Cincinnati Life Ins. Co.
, 1997 ND 230,
571 N.W.2d 363
In an action for death benefits under a term life insurance
policy, summary judgment is proper when reasonable persons could
not disagree the policy lapsed and the insurer was not precluded
from treating the policy as lapsed.
Whitmire v. Whitmire
, 1997 ND 214,
570 N.W.2d 231
Denial of motion to quash an emergency order for change of
custody is appropriate when the respondent has not filed a
supporting affidavit for an evidentiary hearing contesting the
emergency, as required by NDROC 8.2. An interim order cannot
direct amendment of a final judgment.
Nelson v. Gillette
, 1997 ND 205,
571 N.W.2d 332
A political subdivision employee's sexual abuse of a child in the
custody of Social Services may constitute an act within the
employee's scope of employment under NDCC 32-12.1-03 & 04. A
stipulation between a claimant and an employee that released the
employee from liability also released the County from vicarious
liability. Summary judgment on a claim of negligent
supervision by the County was precluded because the appellant
raised genuine issues of disputed fact.
Zimmerman v. Newton
, 1997 ND 197,
569 N.W.2d 700
A North Dakota trial court does not err in declining to exercise
jurisdiction over an interstate custody dispute when there was a
prior proceeding about custody of the child pending in another
state when the North Dakota action was filed.
Glander v. Glander
, 1997 ND 192,
569 N.W.2d 262
Decreed equal division of property between former spouses was not
erroneous where the property came from comparable inheritences
from each spouse's family and had comparably been used for
household expenses throughout a forty-year marriage. Decreed
spousal support was satisfactorily explained by trial court's
findings that a spouse was disadvantaged, could not be
rehabilitated, and was in need of support equivalent to half of
the spouse's current income.
Fisher v. Fisher
, 1997 ND 176,
568 N.W.2d 728
A trial court ordinarily should not apply a discount to a
minority stock interest when it determines "fair value" for a
minority shareholder under the North Dakota Business Corporation
Act. In distributing marital property, a trial court should
disentangle ownership of a corporation by contentious spouses, if
possible.
Thompson v. City of Watford City
, 1997 ND 172,
568 N.W.2d 736
An employer need not accommodate an employee's disability if the
employee can perform the job adequately without accommodations.
An employer cannot be responsible for failing to accommodate an
employee's disability if it is not made aware of the need for
accommodations.
An employer need not accommodate misconduct by a disabled
employee.
Blessum v. Shelver
, 1997 ND 152,
567 N.W.2d 844
Counsel should not make derogatory remarks about opposing
counsel. To preserve an objection to improper remarks, a party
should object at the time they are made and should ask for a
curative instruction.
McDaniel v. ND Workers Comp. Bureau
, 1997 ND 154,
567 N.W.2d 833
Workers Compensation Bureau must prove firefighting was not a
substantial contributing factor to a firefighter's occupational
cancer before it can overcome the statutory presumption that the
cancer was work related.
When denying a claim, the Bureau must adequately explain why it
disregards expert medical evidence favorable to the injured
worker.
Torstenson v. Moore
, 1997 ND 159,
567 N.W.2d 622
Courts must review an agency's factual findings only on the
evidentiary record of testimony and exhibits.
A finding of fact by an agency's hearing officer that a street
was wide enough so the driver did not have to cross the center
line to avoid parked cars was supported by a preponderance of the
evidence.
Mahoney v. Mahoney
, 1997 ND 149,
567 N.W.2d 206
Failing to make specific objections to a special master's
computation of net income for child support waives the right to
argue on appeal that the trial court erred in adopting the
special master's report.
A trial court errs in failing to include spousal support payments
in the recipient's gross income when calculating child support
obligation under a split custody arrangement.
Baker v. Baker
, 1997 ND 135,
566 N.W.2d 806
The trial court's finding that a former husband was "cohabiting
in an informal marital relationship," thereby ending the former
wife's spousal support obligation under the divorce decree, was
not clearly erroneous.
McCabe v. ND Workers Comp. Bureau
, 1997 ND 145,
567 N.W.2d 201
Workers Compensation statutes requiring permanent partial
impairment to be evaluated using the most recent edition of the
AMA's "Guides to the Evaluation of Permanent Impairment" meant
the most recent edition when the statutes were enacted.
Rolin Manufacturing v. Mosbrucker
, 1997 ND 139,
566 N.W.2d 819
A trial court does not have authority to decide an appeal to the
Supreme Court is frivolous.
State v. Brossart
, 1997 ND 119,
565 N.W.2d 752
A farmer who plows an unimproved section line does not violate
the criminal statute prohibiting section line plowing, unless it
obstructs usual travel.
A trial court should normally instruct a jury only on the
specific offense charged that is supported by the evidence.
Blanchard v. ND Workers Comp. Bureau
, 1997 ND 118,
565 N.W.2d 485
Absent a bureau request for a designated administrative law judge
to issue a final order, an administrative law judge's decision in
a worker's compensation case was a recommendation.
NDCC 28-32-13(3) authorizes, but does not require, the bureau to
adopt rules for review of an administrative law judge's
recommendation.
The bureau must adequately explain its reason for rejecting an
administrative law judge's recommendation and for disregarding
medical evidence favorable to the claimant.
Tooley v. Moore, Director of N.D.D.O.T.
, 1997 ND 120,
565 N.W.2d 46
An officer does not deny an arrested driver the reasonable
opportunity to obtain an independent saliva test when the test is
not reasonably available.
Larson v. ND Dept. of Transportation
, 1997 ND 114,
564 N.W.2d 628
Detention of intoxicated person for detoxification without
notifying family will not lead to dismissal of driver's license
suspension, unless the detention actually prejudices the
intoxicated person.
There is no systematic disregard for the law when an arresting
officer makes an individualized determination that a driver's
detention for detoxification is necessary to protect the driver
and others.
Russell v. Moore
, 1997 ND 111,
564 N.W.2d 278
To support a driver's license suspension, a chemical test must be
performed within two hours of driving.
When more than one reasonable inference can be made from the
evidence, a reviewing court must affirm the inference made by the
hearing officer.
Zuger v. Zuger
, 1997 ND 97,
563 N.W.2d 804
Property accumulated after spouses have separated, but while the
marital status still exists, is part of the marital estate.
Permanent spousal support is appropriate for a substantial
disparity between the earning abilities of the spouses.
The trial court's placement of joint custody with divorced
parents is clearly erroneous, where one parent has committed
domestic violence and the statutory presumption against placing
custody with a perpetrator of domestic violence has not been
overcome. To overcome the statutory presumption, the abusive
parent must show by clear and convincing evidence why the best
interests of the children require the abusive parent to
participate in or have custody.
L.C. v. R.P.
, 1997 ND 96,
563 N.W.2d 799
A stipulation to dismiss a lawsuit against a servant releases
claims against the master for vicarious liability arising from
the servant's acts.
In an action alleging the church hierarchy assumed a fiduciary
duty to a parishioner for sexual misconduct by a pastor, summary
judgment was proper where the parishioner presented no evidence
to show that the church hierarchy assumed a fiduciary duty to the
parishioner.
Schwartz v. Schwartz
, 1997 ND 91,
563 N.W.2d 391
A trial court's unequal property division for a divorce is not
clearly erroneous when it is satisfactorily explained.
Cladding Technology v. State ex rel. Clayburgh
, 1997 ND 84,
562 N.W.2d 98
A repair business is responsible for use tax on repair materials
purchased from out-of-state vendors who did not collect tax, and
for sales tax on purchases from in-state vendors who did not
collect tax.
A taxpayer is responsible for sales or use tax on freight costs
that are not separately billed.
Decision of tax commissioner not to excuse the taxpayer from
interest and penalties will not be disturbed unless it is
arbitrary.
Estate of Lutz
, 1997 ND 82,
563 N.W.2d 90
Summary judgment of spouse's creditor claim against decedent's
estate for services is inappropriate when factual disputes exist
whether spouse has overcome the presumption that familial
services are gratuitous.
Summary judgment of spouse's elective share claim based on waiver
by premarital agreement is inappropriate when factual disputes
exist whether the agreement was procedurally enforceable if
spouse was not advised by decedent's attorney about need for
independent counsel or about the effect of consent to dual
representation, and whether it was substantively unconscionable
under the circumstances.
Although unconscionability of a premarital agreement is a
question of law for the court, a conclusion of unconscionability
necessarily turns on factual findings often precluding summary
judgment.
State v. Breiner
, 1997 ND 71,
562 N.W.2d 565
In a misdemeanor sexual offense prosecution, when accepting a
guilty plea, the trial court must impose a 10-year sex-offender
registration requirement under NDCC 12.1-32-15.
If the court fails to do so, the court abuses its discretion if
it does not allow the defendant to withdraw the guilty plea
later.
State v. Garcia
, 1997 ND 60,
561 N.W.2d 599
The defendant's right to a public trial was not violated when the
trial court temporarily terminated expanded media coverage and
partially closed the trial during the testimony of a 15 year-old
accomplice who was reluctant to testify.
Sufficient evidence corroborated the accomplice's testimony.
The defendant was not denied his due process right to a fair
trial when the State charged him with a street-gang crime and
voluntarily dismissed the charge after its case-in-chief.
The juvenile defendant's sentence to life imprisonment without
parole is not cruel and unusual punishment within the meaning of
the Eighth Amendment.
The Eighth and Fourteenth Amendments placed no constitutional
duty upon the trial court to affirmatively seek out mitigating
circumstances before sentencing the defendant to life
imprisonment without parole when the defendant himself did not
offer any mitigating circumstances.
Medcenter One v. ND State Board of Pharmacy
, 1997 ND 54,
561 N.W.2d 634
When there are no factual issues to be determined by an
administrative agency, a nonagency party's failure to exhaust
administrative remedies does not preclude an action for
declaratory relief to construe an unambiguous statute.
The exemptions to the requirements for majority ownership by a
pharmacist in NDCC 43-15-35(5) are unambiguous and do not
differentiate between retail and hospital pharmacies.
NDCC 28-32-21.1 authorizes attorneys' fees in any civil judicial
proceeding for judicial review of a final agency order, or for
judicial review under NDCC Ch. 28-32 of the legality of agency
rulemaking action or a rule adopted by an agency, if the court
finds in favor of the nonagency party and, in the case of a final
agency order, determines the agency acted without substantial
justification.
Traynor v. Leclerc
, 1997 ND 47,
561 N.W.2d 644
NDCC 29-15-21 allows any party to a civil or criminal action to
obtain a change of judge by filing a written demand for change of
judge, and it does not violate the separation of powers under the
constitution.
ND Workers Compensation Bureau v. Leclerc
, 1997 ND 47,
561 N.W.2d 644
Kluck v. Kluck
, 1997 ND 41,
561 N.W.2d 263
The trial court's finding that one parent had committed
significantly greater domestic violence, triggering the
presumption against awarding custody to that parent, was not
clearly erroneous.
Section 14-05-22(3), N.D.C.C., creates a presumption that
unsupervised visitation with a parent who has committed domestic
violence would be harmful to the child.
Rule 702, N.D.R.Evid., does not require licensure in a particular
field or jurisdiction as a prerequisite to qualification as an
expert witness.
Suspension of one spouse's future workers compensation benefits
created a purely speculative future liability and should not have
been allocated as a present "debt."
A lump-sum social security disability award received during the
marriage may not be included in the marital estate under 42
U.S.C. 407(a).
The trial court's finding that a spouse's interest in a
professional corporation had no value was clearly erroneous.
Ingalls v. Paul Revere Ins.Group
, 1997 ND 43,
561 N.W.2d 273
There was evidence for the jury to reasonably find that the
insured did not misrepresent his income and that the insurer's
decision to rescind a disability income insurance policy for
income misrepresentation was not reasonable.
An insurer's presentation of an unreasonable defense may evidence
bad faith.
Whether an insurer has acted in bad faith in refusing to pay a
claim is a question for the trier of fact.
Absent an abuse of discretion, a trial court's determination on
the relevance of evidence will not be reversed on appeal.
There was substantial evidence for the jury's disability
findings.
There was evidence for the jury to find that unfair settlement
practices, prohibited by NDCC 26.1-04-03(9) and used by the
insurer, were performed with a frequency indicating a general
business practice, and the trial court did not err in submitting
the question to the jury.
The amount of damages for mental anguish rests in the jury's
sound discretion.
The jury's exemplary damages award is not excessive.
Tabert v. ND Dept. of Transportation
, 1997 ND 39,
560 N.W.2d 883
Foundational evidence was sufficient to admit blood-test results
at hearing on driver's license suspension.
Borr v. McKenzie Co. Public School Dist. #1
, 1997 ND 30,
560 N.W.2d 213
A daily planner that a principal uses to note parental complaints
about a teacher is not a secret personnel file when the principal
promptly discusses the complaints with the teacher.
The school board's decision not to renew this teacher's contract
was not arbitrary, frivolous, or lacking in good faith.
Continental Resources, Inc. v. Farrar Oil Company
, 1997 ND 31,
559 N.W.2d 841
A horizontal well, authorized by a forced pooling order of the
Industrial Commission, that penetrates the subsurface formation
of another's oil and gas leasehold within the forced pool is not
a subsurface trespass.
Peterson v. Peterson
, 1997 ND 14,
559 N.W.2d 826
The trial court's continuation and expansion of grandparent
visitation was clearly erroneous because additional visitation
was not requested by the grandparents and because substantial
visits were ordered over both parents' objections and clearly
interfered with their parental choices.
The trial court must cautiously impose grandparent visitations
under NDCC 14-09-05.1, taking into consideration the parents'
constitutional right to raise their child reasonably.
State v. Jesfjeld
, 1997 ND 23,
559 N.W.2d 543
An officer's investigatory stop could be based on an objectively
reasonable office note that erroneously indicated an individual's
probation status.
Estate of Brown
, 1997 ND 11,
559 N.W.2d 818
A testamentary group gift of an amount that a decedent's estate
may claim under the unified credit of Federal Estate and Gift Tax
law unambiguously intended the amount remaining after lifetime
and non-probate transfers were taken into account.
The trial court's conclusion that the gift was an ambiguous
formula gift of the amount up to the full unified credit that
left nothing for the will's residual charitable beneficiaries was
reversible error.
Delzer v. United Bank of Bismarck
, 1997 ND 3,
559 N.W.2d 531
Fraudulently inducing another to enter into a contract, by making
a promise with no intention of performing it, is actionable fraud
that permits punitive damages to be awarded.
The trial court's instruction that "[t]he measure of damages is
the amount that will compensate for all detriment proximately
caused by the Bank's deceit, whether or not it could have been
anticipated," was a correct statement of tort law.
The trial court did not abuse its discretion in reducing the
jury's punitive damages award as excessive.
State v. LaMorie
,
558 N.W.2d 329 (N.D. 1996)
The finder of fact must rely only on the evidence
presented in court, and the trial court erred in
making factual findings from an unauthenticated
document sent to the court weeks after the hearing.
The failure to inform the magistrate of the exact
date of a burglary did not invalidate a search
warrant when other evidence presented demonstrated a
continuing course of criminal conduct,
including cashing money orders stolen in the burglary,
from the time of the burglary until the warrant was
sought.
Scott v. ND Dept. of Transportation
,
557 N.W.2d 385 (N.D. 1996)
An unarrested driver cannot cure a refusal of an 960060
on-site screening test with an independent blood test.
Frohlich v. ND Workers Comp. Bureau
,
556 N.W.2d 297 (N.D. 1996)
Under N.D.C.C. 65-05-08.1, the workers compensation
bureau must request an updated medical report about
the duration of a claimant's temporary total
disability before terminating continuing benefits.
Sternberger v. City of Williston
,
556 N.W.2d 288 (N.D. 1996)
For summary judgment, there is no evidence that the
City of Williston was negligent in the maintenance of
its snow-storage lot under premises liability.
Post v. Cass County Social Service Board
,
556 N.W.2d 661 (N.D. 1996)
The Department of Human Services reasonably found that
past-due insurance premium and property settlement
payments that a divorce decree ordered the applicant's
ex-husband to pay were factually 'actually available'
assets making applicant ineligible for medical
assistance benefits.
Interest of P.L.P.
,
556 N.W.2d 657 (N.D. 1996)
A trial court's decision that respondent was chemically
dependent on pain medication was supported by
evidence, and its scheduling problems justified brief
delay in the treatment hearing.
Lucier v. ND Workers Comp.
,
556 N.W.2d 56 (N.D. 1996)
The Workers Compensation Bureau's finding that the
claimant had a reasonable opportunity for substantial gainful
employment was supported by a preponderance of the evidence.
The 'average weekly earnings at the time of injury' under
Section 65-05.1-01(3), N.D.C.C., do not include employer-paid
health insurance premiums.
On Petitions for Rehearing.
Siewert v. ND Workers Comp. Bureau
,
554 N.W.2d 465 (N.D. 1996)
The Bureau's finding the claimant was not injured in a
work-related accident was not supported by the greater weight of
the evidence. A reasonable person could not conclude the
employee was not injured in a work-related fall, even though
there was evidence the worker may have faked some injury.
The Bureau cannot take a full adversary position against
claimants, but must consider the entire record, clarify
inconsistencies, and adequately explain its reasons for
disregarding medical evidence favorable to the worker.
Kraft v. Kraft
,
554 N.W.2d 657 (N.D. 1996)
In acting on a noncustodial parent's motion for a
change of child custody because of domestic violence in the
custodial parent's household, the trial court must analyze
whether the statutory presumption against placing custody with a
parent who has been violent in the past, but not recently, is
overcome by evidence of ongoing violence in the custodial
parent's present household.
State v. Gahner
,
554 N.W.2d 818 (N.D. 1996)
The officer did not make a 'stop' by approaching a
parked car. When the officer smelled alcohol and saw the
defendant's bloodshot eyes, the officer had reasonable and
articulable suspicion of criminal conduct which justified an
investigative stop.
Interest of R.A.J.
,
554 N.W.2d 809 (N.D. 1996)
A forced medication order may conditionally authorize
more than one combination of medicines depending upon a later
refusal by the patient to take the least restrictive combination
of medication. When uncontradicted expert testimony shows the
only appropriate treatment combines two types of medicine and
the patient only consents to one of them, the patient has
refused treatment.
State v. Larson
,
554 N.W.2d 655 (N.D. 1996)
A defendant is entitled to an instruction on a
lesser-included offense only if there is evidence to create a
reasonable doubt about the greater offense and to support a
conviction of the lesser offense beyond a reasonable doubt.
A defendant charged with assault of a peace officer was not
entitled to an instruction on the lessor-included offense of
simple assault where there was no evidence to create a
reasonable doubt that the officers were acting in an official
capacity.
Pear v. Grand Forks Motel Associates
,
553 N.W.2d 774 (N.D. 1996)
The parol evidence rule precluded consideration of oral
negotiations to show that loans by the partners were actually
contributions of capital, where the written partnership
agreements and promissory notes from the partnership to partners
were clear and unambiguous. A debtor who signs a renewal
note indicating he owes a past debt waives any statute of
limitations defense he may have had and the statute begins to
run anew from the date of the renewal note.
Hendrickson v. Hendrickson
,
553 N.W.2d 215 (N.D. 1996)
Where the father lived apart from his family, except
for weekends and holidays, the trial court's child custody award
to the mother was not clearly erroneous. An employer's
contributions to a child support obligor's pension plan and
health insurance must be included in the obligor's income for
determining child support. Interest on a judgment may not be
compounded.
Anderson v. ND Workers Comp. Bureau
,
553 N.W.2d 496 (N.D. 1996)
The workers compensation claimant did not know or have
reason to know she had a compensable work-related injury until
her symptoms of carpel tunnel syndrome significantly worsened ten
years after first being diagnosed.
Kristianson v. Flying J Oil & Gas, Inc.
,
553 N.W.2d 186 (N.D. 1996)
One who hires an independent contractor is liable
for the negligence of the contractor under the 'retained control'
theory of Section 414, Restatement (Second) of Torts, only if he
retains control over the manner, method, or operative detail of
the work. Merely providing an isolated piece of equipment,
without directly supervising or controlling its use, does not
constitute control sufficient to create a duty under the
retained control doctrine.
Earthworks, Inc. v. Sehn
,
553 N.W.2d 490 (N.D. 1996)
When the seller of a business agrees not to
engage in that business in the area for a reasonable length of
time, good will although not specifically mentioned passes as an
incident of the sale. If each party prevails on certain
parts of a lawsuit, the trial court need not award costs
under Section 28-26-06, N.D.C.C., to either party.
Kinney Shoe Corp. v. State ex rel. Hanson
,
552 N.W.2d 788 (N.D. 1996)
Under Section 57-38-01.3(1)(c), N.D.C.C., a subsidiary
corporation's state income tax deduction for federal income taxes
'paid or accrued' is the subsidiary's proportionate share of the
federal tax actually paid to the federal government by the
subsidiary's parent corporation.
Grinaker v. Grinaker
,
553 N.W.2d 204 (N.D. 1996)
Although the procedure employed by the trial
court in twice amending its judgment was unusual, the court did
not abuse its discretion in concluding that this procedure did
not deny the plaintiff a fair trial and in denying her motion for
a new trial or for relief from the judgment. Property brought
into the marriage by one party, and separate property acquired
by gift, inheritance, or otherwise, must be included in the
marital estate and is subject to distribution. The trial
court did not err in valuing the parties' property as of the
date of trial, rather than the date of distribution.
State v. Thompson
,
552 N.W.2d 386 (N.D. 1996)
The trial court did not abuse its discretion by denying
the motion of the defendant, an attorney, to excuse for cause
a juror who was a former client of another attorney in the
defendant's law firm. Although the trial court abused its
discretion by admitting evidence of a prior accident because
the State did not give 'reasonable notice in advance of
trial' as required by Rule 404(b), N.D.R.Ev., the error was
harmless.
Peterson v. Huso
,
552 N.W.2d 83 (N.D. 1996)
A victim's repressed memory of past sexual abuse does
not constitute a disability under Section 28-01-25, N.D.C.C.
The two-year limitation period does not begin to run until
the victim knows, or with reasonable diligence should know, a
potential claim exists.
State v. Brandner
,
551 N.W.2d 284 (N.D. 1996)
It is an affirmative defense to a prosecution for possession
of illegal fishtraps under Section 20.1-06-04, N.D.C.C., that
the accused unwittingly or unknowingly possessed the
fishtraps.
There was substantial evidence to support the trial court's
finding that the defendants illegally possessed fishtraps.
Barnett v. Human Services
,
551 N.W.2d 557 (N.D. 1996)
The Department cannot limit a hearing on terminating food stamps
to a mere review of a staff decision, but must allow a full
evidentiary hearing for the applicant to present arguments and
evidence why food stamps should not be discontinued.
The Department of Human Services denied a food stamp applicant
a fair hearing when it refused to consider evidence, offered
for the first time at the hearing, the applicant had a medical
disability exempting him from attending a required employment
orientation.
State v. Keller
,
550 N.W.2d 411 (N.D. 1996)
There was sufficient evidence to support the jury's verdict
finding the defendant guilty of stalking.
Estate of Wagner
,
551 N.W.2d 292 (N.D. 1996)
A will contestant must prove testamentary incapacity by a
preponderance of the evidence rather than by clear and
convincing evidence.
The trial court
capacity when she signed a codicil
to her will was not clearly erroneous.
Horner v. Horner
,
549 N.W.2d 669 (N.D. 1996)
Frey v. City of Jamestown
,
548 N.W.2d 784 (N.D. 1996)
Wishnatsky v. Bergquist
,
550 N.W.2d 394 (N.D. 1996)
Sargent Co. Bank v. Wentworth
,
547 N.W.2d 753 (N.D. 1996)
State v. Thompson
,
548 N.W.2d 778 (N.D. 1996)
Nelson v. Nelson
,
547 N.W.2d 741 (N.D. 1996)
Moen v. Meidinger
,
547 N.W.2d 544 (N.D. 1996)
Stratton v. Medical Center Rehabilitation Hosp.
,
547 N.W.2d 748 (N.D. 1996)
Van Raden Homes, Inc. v. Dakota View Estates
,
546 N.W.2d 843 (N.D. 1996)
Thompson v. Peterson
,
546 N.W.2d 856 (N.D. 1996)
Helmers f/k/a Sortino v. Sortino
,
545 N.W.2d 796 (N.D. 1996)
Greenwood v. Moore
,
545 N.W.2d 790 (N.D. 1996)
Shark v. U S WEST
,
545 N.W.2d 194 (N.D. 1996)
Shaver f/k/a Kopp v. Kopp
,
545 N.W.2d 170 (N.D. 1996)
State v. Burris
,
545 N.W.2d 192 (N.D. 1996)
State v. Barth
,
545 N.W.2d 162 (N.D. 1996)
Ridley v. Metropolitan Federal Bank
,
544 N.W.2d 867 (N.D. 1996)
Interest of J.S.
,
545 N.W.2d 145 (N.D. 1996)
State v. Stuart
,
544 N.W.2d 158 (N.D. 1996)
Kouba v. Kouba
,
544 N.W.2d 142 (N.D. 1996)
State v. Sievers
,
543 N.W.2d 491 (N.D. 1996)
City of Fargo v. Brennan
,
543 N.W.2d 240 (N.D. 1996)
State v. Huffman
,
542 N.W.2d 718 (N.D. 1996)
State v. Hendrick
,
543 N.W.2d 217 (N.D. 1996)
State v. Martin
,
543 N.W.2d 224 (N.D. 1996)
Allen v. Wessman
,
542 N.W.2d 748 (N.D. 1996)
Owan v. Owan
,
541 N.W.2d 719 (N.D. 1996)
Varriano v. Bang
,
541 N.W.2d 707 (N.D. 1996)
State v. Murchison
,
541 N.W.2d 435 (N.D. 1995)
Oliver v. City of Larimore
,
540 N.W.2d 630 (N.D. 1995)
Dundee Mutual Ins. Co. v. Balvitsch
,
540 N.W.2d 609 (N.D. 1995)
City of Bismarck v. Lembke
,
540 N.W.2d 155 (N.D. 1995)
State v. Hawley
,
540 N.W.2d 390 (N.D. 1995)
State v. Gates
,
540 N.W.2d 134 (N.D. 1995)
McDonough v. Murphy
,
539 N.W.2d 313 (N.D. 1995)
Novak v. J.L.D.
,
539 N.W.2d 73 (N.D. 1995)
American State Bank & Trust Company of Williston v. Sorenson
,
539 N.W.2d 59 (N.D. 1995)
Estate of Stirling
,
537 N.W.2d 554 (N.D. 1995)
Kostelecky v. Kostelecky
,
537 N.W.2d 551 (N.D. 1995)
Mahoney v. Mahoney
,
538 N.W.2d 189 (N.D. 1995)
Eklund v. Eklund
,
538 N.W.2d 182 (N.D. 1995)
State of North Dakota ex rel. v. Vogel
,
537 N.W.2d 358 (N.D. 1995)
State v. Davenport
,
536 N.W.2d 686 (N.D. 1995)
Walter E. Mitchell v. Art Sanborn
,
536 N.W.2d 678 (N.D. 1995)
McComb v. Aboelessad, a/k/a Assad
,
535 N.W.2d 744 (N.D. 1995)
Horstmeyer v. Golden Eagle Fireworks
,
534 N.W.2d 835 (N.D. 1995)
Bruner v. Hager
,
534 N.W.2d 825 (N.D. 1995)
Ryan v. Flemming
,
533 N.W.2d 920 (N.D. 1995)
Duchscherer v. W.W. Wallwork, Inc.
,
534 N.W.2d 13 (N.D. 1995)
Estate of Voeller
,
534 N.W.2d 24 (N.D. 1995)
Helbling v. Helbling
,
532 N.W.2d 650 (N.D. 1995)
Braun v. Braun
,
532 N.W.2d 367 (N.D. 1995)
State v. Marshall
,
531 N.W.2d 284 (N.D. 1995)
Woehlhoff v. State
,
531 N.W.2d 566 (N.D. 1995)
Roen Land Trust v. Frederick
,
530 N.W.2d 355 (N.D. 1995)
Fetch v. Quam v. American Hardware Mutual Ins. Co.
,
530 N.W.2d 337 (N.D. 1995)
Interest of J.S.
,
530 N.W.2d 331 (N.D. 1995)
State v. Torres
,
529 N.W.2d 853 (N.D. 1995)
Severson v. Hansen
,
529 N.W.2d 167 (N.D. 1995)
Southeast Cass Water Resource Dist. v. Burlington Northern Railroad
,
527 N.W.2d 884 (N.D. 1995)
State v. DuPaul
,
527 N.W.2d 238 (N.D. 1995)
Gronland v. Gronland
,
527 N.W.2d 250 (N.D. 1995)
Mayo v. Moore, Director, Dept. of Trans.
,
527 N.W.2d 257 (N.D. 1995)
ND Commission on Medical Competency v. Racek
,
527 N.W.2d 262 (N.D. 1995)
State v. Ash
,
526 N.W.2d 473 (N.D. 1995)
Barnes v. Mitzel Builders
,
526 N.W.2d 244 (N.D. 1995)
Interest of D.R.
,
525 N.W.2d 672 (N.D. 1994)
Alvarez v. Carlson
,
524 N.W.2d 584 (N.D. 1994)
Sandbeck v. Rockwell
,
524 N.W.2d 846 (N.D. 1994)
City of Wahpeton v. Roles
,
524 N.W.2d 598 (N.D. 1994)
State v. Trotter
,
524 N.W.2d 601 (N.D. 1994)
State v. Franklin
,
524 N.W.2d 603 (N.D. 1994)
Estate of Leier
,
524 N.W.2d 106 (N.D. 1994)
E. W. Wylie Corp. v. Menard, Inc.
,
523 N.W.2d 395 (N.D. 1994)
State v. One 1990 Chevrolet Pickup
,
523 N.W.2d 389 (N.D. 1994)
Wolf v. ND Dept. of Transportation
,
523 N.W.2d 545 (N.D. 1994)
Usry v. Theusch
,
521 N.W.2d 918 (N.D. 1994)
Greenfield v. Thill
,
521 N.W.2d 87 (N.D. 1994)
Perala v. Carlson
,
520 N.W.2d 839 (N.D. 1994)
Welder v. Welder
,
520 N.W.2d 813 (N.D. 1994)
Miller v. Breidenbach
,
520 N.W.2d 869 (N.D. 1994)
Federal Land Bank of St. Paul v. Ziebarth
,
520 N.W.2d 51 (N.D. 1994)
Bye v. Mack
,
519 N.W.2d 302 (N.D. 1994)
Spangler v. ND Workers Comp. Bureau
,
519 N.W.2d 576 (N.D. 1994)
Steckler v. Steckler
,
519 N.W.2d 23 (N.D. 1994)
Wiege v. Wiege
,
518 N.W.2d 708 (N.D. 1994)
Guardianship of Nelson
,
519 N.W.2d 15 (N.D. 1994)
Cass Co. Electric Coop. v. Northern States Power
,
518 N.W.2d 216 (N.D. 1994)
Murdoff v. Murdoff
,
517 N.W.2d 402 (N.D. 1994)
State v. Zimmerman
,
516 N.W.2d 638 (N.D. 1994)
State of ND, Workers Comp. Bureau v. Kostka Food Service
,
516 N.W.2d 278 (N.D. 1994)
Jahner v. Jacob
,
515 N.W.2d 183 (N.D. 1994)
Kunnanz v. Edge
,
515 N.W.2d 167 (N.D. 1994)
Estate of Ketterling
,
515 N.W.2d 158 (N.D. 1994)
Matter of Grajedas
,
515 N.W.2d 444 (N.D. 1994)
Interest of K.E.N. v. R. C.
,
513 N.W.2d 892 (N.D. 1994)
Holiday Inn v. Karch
,
514 N.W.2d 374 (N.D. 1994)
Hettich v. Moore
,
514 N.W.2d 378 (N.D. 1994)
State v. Langseth
,
514 N.W.2d 380 (N.D. 1994)
Interest of R.N.
,
513 N.W.2d 370 (N.D. 1994)
City of Jamestown v. Erdelt
,
513 N.W.2d 82 (N.D. 1994)
Champagne v. United States of America
,
513 N.W.2d 75 (N.D. 1994)
North Dakota Guaranteed Student Loan Program v. Voigt
,
513 N.W.2d 64 (N.D. 1994)
City of Fargo v. McLaughlin
,
512 N.W.2d 700 (N.D. 1994)
Hagel v. Hagel
,
512 N.W.2d 465 (N.D. 1994)
City of Fargo v. Casper
,
512 N.W.2d 668 (N.D. 1994)
Schroeder v. Praska
,
512 N.W.2d 667 (N.D. 1994)
Community Homes of Bismarck v. Quast
,
510 N.W.2d 648 (N.D. 1994)
Burleigh Co. Water Resource Dist. v. Burleigh Co. of ND
,
510 N.W.2d 624 (N.D. 1994)
Imperial Oil of ND, Inc. v. Hanson
,
510 N.W.2d 598 (N.D. 1994)
Ebach v. Ralston
,
510 N.W.2d 604 (N.D. 1994)
Gaulrapp v. Gaulrapp
,
510 N.W.2d 620 (N.D. 1994)
Frey v. State
,
509 N.W.2d 261 (N.D. 1993)
North Dakota Mineral Interests v. Berger
,
509 N.W.2d 251 (N.D. 1993)
State v. Jordheim
,
508 N.W.2d 878 (N.D. 1993)
Estate of Hansen
,
507 N.W.2d 903 (N.D. 1993)
Wolf v. Logan
,
506 N.W.2d 736 (N.D. 1993)
State Farm Fire and Casualty Co. v. Sigman
,
508 N.W.2d 323 (N.D. 1993)
Hallock v. Mickels
,
507 N.W.2d 541 (N.D. 1993)
State v. Pacheco
,
506 N.W.2d 408 (N.D. 1993)
Rooks v. ND Workers' Comp. Bureau
,
506 N.W.2d 78 (N.D. 1993)
State v. Frohlich
,
506 N.W.2d 729 (N.D. 1993)
Little v. Graff
,
507 N.W.2d 55 (N.D. 1993)
Sullivan v. Quist
,
506 N.W.2d 394 (N.D. 1993)
Federal Deposit Insurance Corporation v. Jahner
,
506 N.W.2d 57 (N.D. 1993)
LaVoi v. LaVoi
,
505 N.W.2d 384 (N.D. 1993)
Disciplinary Board v. Becker
,
504 N.W.2d 303 (N.D. 1993)
The CIT Group/Equipment Financing, Inc. v. The Travelers Ins. Co.
,
504 N.W.2d 565 (N.D. 1993)
Guardianship of Braaten
,
502 N.W.2d 512 (N.D. 1993)
Fargo Women's Health Organization v. Lambs of Christ
,
502 N.W.2d 536 (N.D. 1993)
Northern States Power Co. v. Public Service Commission
,
502 N.W.2d 240 (N.D. 1993)
Reimer v. Reimer
,
502 N.W.2d 231 (N.D. 1993)
Estate of Johnson
,
501 N.W.2d 342 (N.D. 1993)
Skaro v. State
,
503 N.W.2d 848 (N.D. 1993)
Thomas v. Stickland
,
500 N.W.2d 598 (N.D. 1993)
Interest of K.S.
,
500 N.W.2d 603 (N.D. 1993)
Sargent County Bank v. Wentworth
,
500 N.W.2d 862 (N.D. 1993)
DeCoteau v. State
,
504 N.W.2d 552 (N.D. 1993)
State of ND ex rel. Hanson v. Quill Corp.
,
500 N.W.2d 196 (N.D. 1993)
DeCoteau v. State
,
499 N.W.2d 894 (N.D. 1993)
Dickinson Education Association v. Dickinson Public School District
,
499 N.W.2d 120 (N.D. 1993)
Friedt v. Moseanko
,
498 N.W.2d 129 (N.D. 1993)
Wilhelmi v. Director of the Dept. of Transportation
,
498 N.W.2d 150 (N.D. 1993)
Dyer v. ND Dept. of Human Services
,
498 N.W.2d 160 (N.D. 1993)
Jorgenson v. ND Department of Transportation
,
498 N.W.2d 167 (N.D. 1993)
Seifert v. Farmers Union Mutual Insurance Company
,
497 N.W.2d 694 (N.D. 1993)
Hoggarth v. Somsen
,
496 N.W.2d 35 (N.D. 1993)
Taghon v. Kuhn
,
497 N.W.2d 403 (N.D. 1993)
Little v. Tracy
,
497 N.W.2d 700 (N.D. 1993)
State v. Guthmiller
,
499 N.W.2d 590 (N.D. 1993)
State v. Guthmiller
,
497 N.W.2d 407 (N.D. 1993)
Overboe v. Odegaard
,
496 N.W.2d 574 (N.D. 1993)
Belfield Education Association v. Belfield Public School District No. 13
,
496 N.W.2d 12 (N.D. 1993)
State v. Gilberts
,
497 N.W.2d 93 (N.D. 1993)
Syverson, Rath and Mehrer, P.C. v. ND State Auditor
,
495 N.W.2d 79 (N.D. 1993)
State v. Franck
,
499 N.W.2d 108 (N.D. 1993)
Collins v. Collins
,
495 N.W.2d 293 (N.D. 1993)
State v. Franck
,
495 N.W.2d 60 (N.D. 1993)
Pozarnsky v. Pozarnsky
,
494 N.W.2d 148 (N.D. 1992)
Boehm v. Backes
,
493 N.W.2d 671 (N.D. 1992)
State v. Robideaux
,
493 N.W.2d 210 (N.D. 1992)
Svanes v. Grenz
,
492 N.W.2d 576 (N.D. 1992)
Target Stores v. Automated Maintenance Services, Inc.
,
492 N.W.2d 899 (N.D. 1992)
Robertson v. Cass County Social Services
,
492 N.W.2d 599 (N.D. 1992)
Sailer v. Northwestern Federal Savings & Loan Association
,
497 N.W.2d 100 (N.D. 1992)
State v. Langseth
,
492 N.W.2d 298 (N.D. 1992)
Putney v. Backes
,
489 N.W.2d 886 (N.D. 1992)
City of Fargo v. Ruether
,
490 N.W.2d 481 (N.D. 1992)
State ex rel. Kusler v. Sinner
,
491 N.W.2d 382 (N.D. 1992)
Jane H. v. Rothe
,
488 N.W.2d 879 (N.D. 1992)
Heggen v. Heggen
,
488 N.W.2d 627 (N.D. 1992)
McLean v. The Kirby Company
,
490 N.W.2d 229 (N.D. 1992)
Gould v. Miller
,
488 N.W.2d 42 (N.D. 1992)
Boyce v. Backes
,
488 N.W.2d 45 (N.D. 1992)
First Nat'l Bank of Belfield v. Candee
,
488 N.W.2d 391 (N.D. 1992)
State v. Nelson
,
488 N.W.2d 600 (N.D. 1992)
Sprynczynatyk v. Celley
,
486 N.W.2d 230 (N.D. 1992)
Vermeer Industrial of ND v. Bachmeier
,
486 N.W.2d 506 (N.D. 1992)
Ertelt v. EMCASCO Insurance Company
,
486 N.W.2d 233 (N.D. 1992)
Ennis v. Schuetzle
,
488 N.W.2d 867 (N.D. 1992)
ND Dept. of Transportation v. DuPaul
,
487 N.W.2d 593 (N.D. 1992)
Frost v. ND Department of Transportation
,
487 N.W.2d 6 (N.D. 1992)
State v. Nording
,
485 N.W.2d 781 (N.D. 1992)
Hatch v. Hatch
,
484 N.W.2d 283 (N.D. 1992)
Kent v. Sawyer Public School District No. 16
,
484 N.W.2d 287 (N.D. 1992)
Delzer v. United Bank of Bismarck
,
484 N.W.2d 502 (N.D. 1992)
Clutter v. McIntosh
,
484 N.W.2d 846 (N.D. 1992)
City of Mandan v. Lembke
,
483 N.W.2d 773 (N.D. 1992)
Williston Education Association v. Williston Public School Dist. No. 1
,
483 N.W.2d 567 (N.D. 1992)
Estate of Burshiem
,
483 N.W.2d 175 (N.D. 1992)
Interest of T.H.
,
482 N.W.2d 615 (N.D. 1992)
Mullins v. Department of Human Services
,
483 N.W.2d 160 (N.D. 1992)
Dakota West Pumping & Trenching v. Job Service North Dakota
,
485 N.W.2d 353 (N.D. 1992)
Interest of T. J.
,
482 N.W.2d 850 (N.D. 1992)
Harley Miller Construction, Inc. v. Russell
,
481 N.W.2d 459 (N.D. 1992)
State v. Kummer
,
481 N.W.2d 437 (N.D. 1992)
Durward v. Nelson
,
481 N.W.2d 586 (N.D. 1992)
State v. Messner
,
481 N.W.2d 236 (N.D. 1992)
Estate of Ostby
,
479 N.W.2d 866 (N.D. 1992)
City of Devils Lake v. Davis
,
480 N.W.2d 720 (N.D. 1992)
State v. Barth
,
485 N.W.2d 353 (N.D. 1992)
Schiff v. ND Workers Comp. Bureau
,
480 N.W.2d 733 (N.D. 1992)
State v. Vallely
,
479 N.W.2d 480 (N.D. 1992)
Turnbow v. Job Service North Dakota
,
479 N.W.2d 827 (N.D. 1992)
Farm Credit Bank of St. Paul v. Martinson
,
478 N.W.2d 810 (N.D. 1991)
Citizens State Bank, Enderlin v. Schlagel
,
478 N.W.2d 365 (N.D. 1991)
Sampson v. State
,
478 N.W.2d 566 (N.D. 1991)
Boschee v. Mandan Public School District
,
478 N.W.2d 276 (N.D. 1991)
State v. Mason
,
479 N.W.2d 146 (N.D. 1991)
Interest of B.G.
,
477 N.W.2d 819 (N.D. 1991)
Kelley v. Powers
,
477 N.W.2d 586 (N.D. 1991)
Reed v. Hillsboro Public School District No. 9
,
477 N.W.2d 237 (N.D. 1991)
Walker v. Schneider
,
477 N.W.2d 167 (N.D. 1991)
State v. Barnick
,
477 N.W.2d 200 (N.D. 1991)
Vinje v. Sabot
,
477 N.W.2d 198 (N.D. 1991)
State v. Raulston
,
475 N.W.2d 127 (N.D. 1991)
First Interstate Bank of Fargo v. Larson
,
475 N.W.2d 538 (N.D. 1991)
S.N.S. v. ND Dept. of Human Services
,
474 N.W.2d 717 (N.D. 1991)
Gullickson v. Stark County Board of County Commissioners
,
474 N.W.2d 890 (N.D. 1991)
National Sun Industries, Inc. v. Ransom County
,
474 N.W.2d 502 (N.D. 1991)
State v. Moran
,
474 N.W.2d 77 (N.D. 1991)
Fetzer v. Director, ND Dept. of Transportation
,
474 N.W.2d 71 (N.D. 1991)
Federal Land Bank of St. Paul v. Asbridge
,
474 N.W.2d 490 (N.D. 1991)
State v. Schmitz
,
474 N.W.2d 249 (N.D. 1991)
Fibelstad v. Grant County
,
474 N.W.2d 54 (N.D. 1991)
Barth v. Schmidt
,
472 N.W.2d 473 (N.D. 1991)
City of Dickinson v. Kraft
,
472 N.W.2d 441 (N.D. 1991)
State v. Ritter
,
472 N.W.2d 444 (N.D. 1991)
Estate of Hedstrom
,
472 N.W.2d 454 (N.D. 1991)
Jensen v. Powers
,
472 N.W.2d 223 (N.D. 1991)
Interest of T.A.
,
472 N.W.2d 226 (N.D. 1991)
McCusker v. LaBrasca
,
472 N.W.2d 760 (N.D. 1991)
State v. Sahr
,
470 N.W.2d 185 (N.D. 1991)
Interest of McMullen
,
470 N.W.2d 196 (N.D. 1991)
State v. Neis
,
469 N.W.2d 568 (N.D. 1991)
Estate of Skei
,
472 N.W.2d 760 (N.D. 1991)
Feickert v. Frounfelter
,
468 N.W.2d 131 (N.D. 1991)
State v. Thill
,
468 N.W.2d 643 (N.D. 1991)
Ness v. Ness
,
467 N.W.2d 716 (N.D. 1991)
First National Bank & Trust Company of Williston v. Scherr
,
467 N.W.2d 427 (N.D. 1991)
Minex Resources v. Morland
,
467 N.W.2d 691 (N.D. 1991)
State v. Vogel
,
467 N.W.2d 86 (N.D. 1991)
Gronneberg v. Hoffart
,
466 N.W.2d 809 (N.D. 1991)
Slaubaugh v. Slaubaugh
,
466 N.W.2d 573 (N.D. 1991)
Soentgen v. Quain & Ramstad Clinic
,
467 N.W.2d 73 (N.D. 1991)
State v. Wilson
,
466 N.W.2d 101 (N.D. 1991)
Peterson Mechanical, Inc. v. Nereson
,
466 N.W.2d 568 (N.D. 1991)
State v. Miller
,
466 N.W.2d 128 (N.D. 1991)
Uran v. Uran
,
468 N.W.2d 136 (N.D. 1991)
State v. Plentychief
,
464 N.W.2d 373 (N.D. 1990)
State v. Ennis
,
464 N.W.2d 378 (N.D. 1990)
Interest of D.R.
,
463 N.W.2d 918 (N.D. 1990)
F.O.E. Aerie 2337 a/k/a Eagle's Club v. ND Workers Comp. Bureau
,
464 N.W.2d 197 (N.D. 1990)
Transamerica v. Farmers Insurance Exchange
,
463 N.W.2d 641 (N.D. 1990)
State v. Martinsons
,
462 N.W.2d 458 (N.D. 1990)
Sloan v. ND Workers Compensation Bureau
,
462 N.W.2d 638 (N.D. 1990)
City of Fargo v. Gustafson
,
462 N.W.2d 649 (N.D. 1990)
United Hospital v. D'Annunzio
,
466 N.W.2d 595 (N.D. 1990)
United Hospital v. D'Annunzio
,
462 N.W.2d 652 (N.D. 1990)
ND Insurance Guaranty Association v. Agway, Inc.
,
462 N.W.2d 142 (N.D. 1990)
Mees v. Ereth
,
466 N.W.2d 135 (N.D. 1990)
Mees v. Ereth
,
462 N.W.2d 161 (N.D. 1990)
Dewey v. Lutz
,
462 N.W.2d 435 (N.D. 1990)
Pfliger v. Pfliger
,
461 N.W.2d 432 (N.D. 1990)
Abram v. Abram
,
464 N.W.2d 205 (N.D. 1990)
State v. Fasching
,
461 N.W.2d 102 (N.D. 1990)
Breyfogle v. Braun
,
460 N.W.2d 689 (N.D. 1990)
Estate of Herr
,
460 N.W.2d 699 (N.D. 1990)
Pic v. City of Grafton
,
460 N.W.2d 706 (N.D. 1990)
State v. Bettenhausen
,
460 N.W.2d 394 (N.D. 1990)
Mau v. Schwan
,
460 N.W.2d 131 (N.D. 1990)
Hom v. State
,
459 N.W.2d 823 (N.D. 1990)
State v. Boushee
,
459 N.W.2d 552 (N.D. 1990)
Jacobs v. Dakota Academy of the Arts
,
459 N.W.2d 384 (N.D. 1990)
Red River Commodities, Inc. v. Eidsness
,
459 N.W.2d 805 (N.D. 1990)
Red River Commodities, Inc. v. Eidsness
,
459 N.W.2d 811 (N.D. 1990)
State v. Latendresse
,
459 N.W.2d 234 (N.D. 1990)
State Bank of Towner v. Hansen
,
458 N.W.2d 264 (N.D. 1990)
Perman v. ND Workers Compensation Bureau
,
458 N.W.2d 484 (N.D. 1990)
Addy v. Addy
,
456 N.W.2d 506 (N.D. 1990)
Farrell v. Miller
,
458 N.W.2d 513 (N.D. 1990)
State v. Hoffarth
,
456 N.W.2d 111 (N.D. 1990)
Ramsdell v. Ramsdell
,
454 N.W.2d 522 (N.D. 1990)
Pepple v. Pepple
,
458 N.W.2d 513 (N.D. 1990)
Western Cooperative Credit Union v. Hagemeister
,
454 N.W.2d 531 (N.D. 1990)
State v. Hogie
,
454 N.W.2d 501 (N.D. 1990)
Gores v. Fort Totten Public School District No. 30
,
454 N.W.2d 703 (N.D. 1990)
Industrial Commission v. Wilber
,
453 N.W.2d 824 (N.D. 1990)
State v. Ellvanger
,
453 N.W.2d 810 (N.D. 1990)
State v. Manhattan
,
453 N.W.2d 758 (N.D. 1990)
West v. Carlson
,
454 N.W.2d 307 (N.D. 1990)
State v. Fasching
,
453 N.W.2d 761 (N.D. 1990)
Thorlaksen v. Thorlaksen
,
453 N.W.2d 770 (N.D. 1990)
Interest of C.W.
,
453 N.W.2d 806 (N.D. 1990)
Lang v. Bank of North Dakota
,
453 N.W.2d 118 (N.D. 1990)
Hanson v. Williams County
,
452 N.W.2d 313 (N.D. 1990)
State v. Hanson
,
452 N.W.2d 329 (N.D. 1990)
Johnson v. Kennedy
,
453 N.W.2d 830 (N.D. 1990)
Baker Electric Coop. v. PSC
,
451 N.W.2d 95 (N.D. 1990)
Martin v. Martin
,
450 N.W.2d 768 (N.D. 1990)
Mike Golden, Inc. v. Tenneco Oil Company
,
450 N.W.2d 716 (N.D. 1990)
Estate of Kassion
,
450 N.W.2d 416 (N.D. 1990)
Old Broadway Corporation v. Backes
,
450 N.W.2d 734 (N.D. 1990)
City of Bismarck v. Schoppert
,
450 N.W.2d 757 (N.D. 1990)
Gerhardt v. Robinson
,
449 N.W.2d 802 (N.D. 1989)
Farm Credit Bank of St. Paul v. Stedman
,
449 N.W.2d 562 (N.D. 1989)
Interest of M.M.S.
,
449 N.W.2d 574 (N.D. 1989)
Newhouse v. Allard
,
449 N.W.2d 826 (N.D. 1989)
Lithun v. DuPaul
,
449 N.W.2d 810 (N.D. 1989)
State v. Mische
,
448 N.W.2d 412 (N.D. 1989)
Logan v. Schloesser
,
449 N.W.2d 826 (N.D. 1989)
LaVallie v. ND Workers Compensation Bureau
,
449 N.W.2d 826 (N.D. 1989)
Lang v. Bank of Steele
,
449 N.W.2d 826 (N.D. 1989)
Palenberg v. ND Workers Compensation Bureau
,
449 N.W.2d 826 (N.D. 1989)
Estate of Flaherty
,
446 N.W.2d 760 (N.D. 1989)
Thomas v. Thomas
,
446 N.W.2d 433 (N.D. 1989)
City of Minot v. Geiger
,
446 N.W.2d 264 (N.D. 1989)
South Forks Shopping Center, Inc. v. Dastmalchi
,
446 N.W.2d 440 (N.D. 1989)
Fleck v. Jacques Seed Company
,
445 N.W.2d 649 (N.D. 1989)
State v. Shores
,
444 N.W.2d 701 (N.D. 1989)
Meyer v. McCormick, Inc.
,
445 N.W.2d 21 (N.D. 1989)
Kershaw v. Reichert
,
445 N.W.2d 16 (N.D. 1989)
State v. Zearley
,
444 N.W.2d 353 (N.D. 1989)
State v. Sayler
,
443 N.W.2d 915 (N.D. 1989)
Interest of A.O.
,
443 N.W.2d 624 (N.D. 1989)
Olson v. Olson
,
445 N.W.2d 1 (N.D. 1989)
Farmers Union Central Exchange Inc. v. Grand Forks County
,
443 N.W.2d 907 (N.D. 1989)
Von Bank v. Von Bank
,
443 N.W.2d 618 (N.D. 1989)
Aalund v. Williams County
,
442 N.W.2d 900 (N.D. 1989)
State v. Stoppleworth
,
442 N.W.2d 415 (N.D. 1989)
Irgens v. Mobil Oil Corporation
,
442 N.W.2d 223 (N.D. 1989)
Novak v. Novak
,
441 N.W.2d 656 (N.D. 1989)
White v. North Dakota Workers Compensation Bureau
,
441 N.W.2d 908 (N.D. 1989)
Morley v. Morley
,
440 N.W.2d 493 (N.D. 1989)
Baier v. Hampton
,
440 N.W.2d 712 (N.D. 1989)
Fercho v. ND Workers Compensation Bureau
,
440 N.W.2d 507 (N.D. 1989)
State v. Thordarson
,
440 N.W.2d 510 (N.D. 1989)
State v. Jimenez
,
442 N.W.2d 447 (N.D. 1989)
Froysland v. Altenburg
,
439 N.W.2d 797 (N.D. 1989)
Sande v. State of ND
,
440 N.W.2d 264 (N.D. 1989)
Sannes v. Sannes
,
442 N.W.2d 447 (N.D. 1989)
Moses v. Burleigh County
,
438 N.W.2d 186 (N.D. 1989)
Roen v. Roen
,
438 N.W.2d 170 (N.D. 1989)
Vanover v. Kansas City Life Ins. Co.
,
438 N.W.2d 524 (N.D. 1989)
Butler v. Roberts
,
437 N.W.2d 839 (N.D. 1989)
Anderson v. Anderson
,
435 N.W.2d 687 (N.D. 1989)
Elliott v. ND Workers Compensation Bureau
,
435 N.W.2d 695 (N.D. 1989)
Capital City Foods, Inc. v. Job Service ND
,
438 N.W.2d 198 (N.D. 1989)
Wells County Water Resource Dist. v. Solberg
,
434 N.W.2d 577 (N.D. 1989)
Dakota Grain Systems v. Rauser
,
435 N.W.2d 205 (N.D. 1989)
Ulvedal v. Bd. of County Commissioners of Grand Forks County
,
434 N.W.2d 707 (N.D. 1989)
Auto-Owners Ins. Co. v. State Farm Mutual
,
434 N.W.2d 348 (N.D. 1989)
Estate of Klein
,
434 N.W.2d 560 (N.D. 1989)
Farmers Elevator & Mercantile Company v. Farm Builders
,
432 N.W.2d 864 (N.D. 1988)
Murray v. ND Workers Comp. Bureau
,
431 N.W.2d 651 (N.D. 1988)
State v. Falos
,
431 N.W.2d 154 (N.D. 1988)
Getter Trucking, Inc. v. Wiest Truck Line
,
433 N.W.2d 554 (N.D. 1988)
Domek v. ND State Personnel Board
,
430 N.W.2d 339 (N.D. 1988)
Estate of Risovi
,
429 N.W.2d 404 (N.D. 1988)
State v. Erban
,
429 N.W.2d 408 (N.D. 1988)
Hanewald v. Bryan's Inc.
,
429 N.W.2d 414 (N.D. 1988)
Gange v. Clerk of Burleigh County Dist. Court
,
429 N.W.2d 429 (N.D. 1988)
Moses v. ND Workers Compensation Bureau
,
429 N.W.2d 436 (N.D. 1988)
Choukalos v. ND State Personnel Board
,
429 N.W.2d 441 (N.D. 1988)
State v. Johnson
,
430 N.W.2d 63 (N.D. 1988)
Haugland v. City of Bismarck
,
429 N.W.2d 449 (N.D. 1988)
Rolette Education Association v. Rolette Public School District #29
,
427 N.W.2d 812 (N.D. 1988)
Gress v. Kocourek
,
427 N.W.2d 815 (N.D. 1988)
First National Bank & Trust Co. of Dickinson v. Meyer Enterprises
,
427 N.W.2d 328 (N.D. 1988)
Mandan Education Assoc. v. Mandan Public School District No. 1
,
425 N.W.2d 917 (N.D. 1988)
Behm v. Behm
,
427 N.W.2d 332 (N.D. 1988)
Jacobs v. Anderson Building Company
,
430 N.W.2d 558 (N.D. 1988)
Federal Land Bank of St. Paul v. Bergquist
,
425 N.W.2d 360 (N.D. 1988)
Schmitz v. Schmitz
,
425 N.W.2d 379 (N.D. 1988)
Lang v. Bank of North Dakota
,
423 N.W.2d 501 (N.D. 1988)
Bank of Steele v. Lang
,
423 N.W.2d 504 (N.D. 1988)
State v. Yagow
,
423 N.W.2d 498 (N.D. 1988)
Application for Permits to Drain Stone Creek Channel
,
424 N.W.2d 894 (N.D. 1988)
State v. Retzlaff
,
425 N.W.2d 379 (N.D. 1988)
J.P. Furlong Enterprises v. Sun Exploration and Production
,
423 N.W.2d 130 (N.D. 1988)
ND Public Service Commission v. Jamestown Farmers Elevator
,
422 N.W.2d 405 (N.D. 1988)
Rott v. Metropolitan Federal Savings & Loan of Jamestown
,
422 N.W.2d 98 (N.D. 1988)
Hedstrom v. Berg
,
421 N.W.2d 488 (N.D. 1988)
Federal Land Bank v. Yagow
,
422 N.W.2d 98 (N.D. 1988)
National Bank of Harvey v. International Harvester
,
421 N.W.2d 799 (N.D. 1988)
Whisenand v. ND Department of Human Services
,
420 N.W.2d 344 (N.D. 1988)
Davis v. Auto-Owners Insurance Company
,
420 N.W.2d 347 (N.D. 1988)
Wheeler v. Wheeler
,
419 N.W.2d 923 (N.D. 1988)
Bower v. State Highway Commissioner
,
422 N.W.2d 98 (N.D. 1988)
Sadek v. Job Service ND
,
420 N.W.2d 340 (N.D. 1988)
Massey-Ferguson Credit Corporation v. Orr
,
420 N.W.2d 1 (N.D. 1988)
State v. Windhorst
,
422 N.W.2d 98 (N.D. 1988)
Asplund v. Asplund
,
422 N.W.2d 98 (N.D. 1988)
Olson v. ND Workers Compensation Bureau
,
419 N.W.2d 894 (N.D. 1988)
Beckler v. ND Workers Compensation Bureau
,
418 N.W.2d 770 (N.D. 1988)
Federal Land Bank of St. Paul v. Gefroh
,
418 N.W.2d 602 (N.D. 1988)
State v. Benjamin
,
417 N.W.2d 838 (N.D. 1988)
Quick v. Fischer
,
417 N.W.2d 843 (N.D. 1988)
Interest of C.S., J.S. and A.S.
,
417 N.W.2d 846 (N.D. 1988)
International Minerals and Chemical Corp. v. Heitkamp
,
417 N.W.2d 791 (N.D. 1987)
Johnson v. Arithson
,
417 N.W.2d 373 (N.D. 1987)
State v. Denney
,
417 N.W.2d 181 (N.D. 1987)
Lund v. Buhr
,
417 N.W.2d 186 (N.D. 1987)
Kroeplin v. ND Workmen's Compensation Bureau
,
415 N.W.2d 807 (N.D. 1987)
First National Bank of Milnor v. Yagow
,
415 N.W.2d 806 (N.D. 1987)
Krein v. Marian Manor Nursing Home
,
415 N.W.2d 793 (N.D. 1987)
Pitsenbarger v. Pitsenbarger
,
417 N.W.2d 186 (N.D. 1987)
State v. Olson
,
417 N.W.2d 186 (N.D. 1987)
Dick v. Dick
,
414 N.W.2d 288 (N.D. 1987)
Wibben v. ND State Highway Commissioner
,
413 N.W.2d 329 (N.D. 1987)
Stoelting v. Stoelting
,
412 N.W.2d 861 (N.D. 1987)
State v. Gahner
,
413 N.W.2d 359 (N.D. 1987)
Baar v. Dynes
,
413 N.W.2d 368 (N.D. 1987)
Orke v. Olson
,
411 N.W.2d 97 (N.D. 1987)
Collom v. Pierson
,
411 N.W.2d 92 (N.D. 1987)
Medcenter One, Inc. v. Job Service ND
,
410 N.W.2d 521 (N.D. 1987)
State v. Millner
,
409 N.W.2d 642 (N.D. 1987)
State v. Hegg
,
410 N.W.2d 152 (N.D. 1987)
Brandt v. ND State Highway Commissioner
,
409 N.W.2d 645 (N.D. 1987)
Lashkowitz v. Disciplinary Board
,
410 N.W.2d 502 (N.D. 1987)
Wilhite v. Central Investment Properties
,
409 N.W.2d 348 (N.D. 1987)
Throndset v. Taillon
,
408 N.W.2d 739 (N.D. 1987)
Carlson v. Dunn County
,
409 N.W.2d 111 (N.D. 1987)
State v. Newnam
,
409 N.W.2d 79 (N.D. 1987)
Lang v. Sheriff of Burleigh County
,
408 N.W.2d 742 (N.D. 1987)
Syverson v. ND Workmen's Compensation Bureau
,
406 N.W.2d 688 (N.D. 1987)
First American Bank & Trust of Carrington v. McLaughlin Investments
,
407 N.W.2d 505 (N.D. 1987)
Wahlstrom v. Job Service ND
,
406 N.W.2d 693 (N.D. 1987)
Elliot v. Drayton Public School
,
406 N.W.2d 655 (N.D. 1987)
Kuntz v. State Highway Commissioner
,
405 N.W.2d 285 (N.D. 1987)
Kirkland v. Oberquell
,
405 N.W.2d 21 (N.D. 1987)
Hagstrom v. Brendel
,
405 N.W.2d 299 (N.D. 1987)
Schiele v. First National Bank of Linton
,
404 N.W.2d 479 (N.D. 1987)
Gustofson v. Gustofson
,
408 N.W.2d 742 (N.D. 1987)
Dakota Bank & Trust Co. v. Reed
,
402 N.W.2d 887 (N.D. 1987)
Phillips Natural Gas Co. v. State
,
402 N.W.2d 906 (N.D. 1987)
Wisdom v. State ex rel. ND Real Estate Commission
,
403 N.W.2d 19 (N.D. 1987)
Ewert v. Job Service ND
,
403 N.W.2d 4 (N.D. 1987)
American Family Insurance Group v. Carlson
,
403 N.W.2d 397 (N.D. 1987)
Halldorson v. Gunderson
,
401 N.W.2d 519 (N.D. 1987)
Martian v. Martian
,
399 N.W.2d 849 (N.D. 1987)
Application of McGinn
,
399 N.W.2d 864 (N.D. 1987)
City of Mandan v. Mertz
,
399 N.W.2d 298 (N.D. 1987)
Belt v. Belt
,
398 N.W.2d 737 (N.D. 1987)
Meyer v. City of Dickinson
,
397 N.W.2d 460 (N.D. 1986)
Steenson v. General Casualty Co.
,
397 N.W.2d 461 (N.D. 1986)
Healy v. Healy
,
397 N.W.2d 71 (N.D. 1986)
Estate of Papineau
,
396 N.W.2d 735 (N.D. 1986)
Geiger v. Hjelle
,
396 N.W.2d 302 (N.D. 1986)
State v. Vermilya
,
395 N.W.2d 151 (N.D. 1986)
Estate of Kjorvestad
,
395 N.W.2d 162 (N.D. 1986)
Federal Land Bank of St. Paul v. Bagge
,
394 N.W.2d 694 (N.D. 1986)
Wall v. Lewis
,
393 N.W.2d 758 (N.D. 1986)
Interest of J.K.H.
,
392 N.W.2d 406 (N.D. 1986)
McKenzie County Social Services Board v. V.G.
,
392 N.W.2d 399 (N.D. 1986)
Interest of Gust
,
392 N.W.2d 824 (N.D. 1986)
Anderson v. Anderson
,
390 N.W.2d 554 (N.D. 1986)
Federal Land Bank of St. Paul v. Halverson
,
392 N.W.2d 77 (N.D. 1986)
Carlson v. Job Service North Dakota
,
391 N.W.2d 643 (N.D. 1986)
Priel v. R.E.D., Inc.
,
392 N.W.2d 65 (N.D. 1986)
Guskjolen v. Guskjolen
,
391 N.W.2d 639 (N.D. 1986)
Watne v. Watne
,
391 N.W.2d 636 (N.D. 1986)
Federal Land Bank of St. Paul v. Gefroh
,
390 N.W.2d 46 (N.D. 1986)
Federal Land Bank of St. Paul v. Porter
,
389 N.W.2d 815 (N.D. 1986)
Wills v. Schroeder Aviation, Inc.
,
390 N.W.2d 544 (N.D. 1986)
Houser v. Gilbert
,
389 N.W.2d 626 (N.D. 1986)
Gravning v. Gravning
,
389 N.W.2d 621 (N.D. 1986)
Hystad v. Industrial Commission
,
389 N.W.2d 590 (N.D. 1986)
Northern Trust Co. v. Buckeye Petroleum Co., Inc
,
389 N.W.2d 616 (N.D. 1986)
Paulson v. Meinke
,
389 N.W.2d 798 (N.D. 1986)
Alton's, Inc. v. Long
,
388 N.W.2d 131 (N.D. 1986)
KBM, Inc. v. MacKichan
,
386 N.W.2d 914 (N.D. 1986)
Russell v. Bank of Kirkwood Plaza
,
386 N.W.2d 892 (N.D. 1986)
State v. Jensen
,
385 N.W.2d 478 (N.D. 1986)
First Trust Co. of North Dakota v. Mast
,
385 N.W.2d 104 (N.D. 1986)
Lindvig v. Lindvig
,
385 N.W.2d 466 (N.D. 1986)
Barsness v. General Diesel & Equipment Co., Inc.
,
383 N.W.2d 840 (N.D. 1986)
Glatt v. Bank of Kirkwood Plaza
,
383 N.W.2d 473 (N.D. 1986)
Nantt v. Puckett Energy Co.
,
382 N.W.2d 655 (N.D. 1986)
Kiefer v. General Casualty Co. of Wisconsin
,
381 N.W.2d 205 (N.D. 1986)
Pitsenbarger v. Pitsenbarger
,
382 N.W.2d 662 (N.D. 1986)
State v. Johnson
,
379 N.W.2d 291 (N.D. 1986)
State v. Olson
,
379 N.W.2d 801 (N.D. 1986)
Jurgens v. Heisler
,
380 N.W.2d 329 (N.D. 1986)
State v. Fuller
,
379 N.W.2d 289 (N.D. 1985)
Merchants Bank of Rugby v. Haman
,
378 N.W.2d 869 (N.D. 1985)
State v. Lang
,
378 N.W.2d 205 (N.D. 1985)
Weber v. North Dakota Workmen's Compensation Bureau
,
377 N.W.2d 571 (N.D. 1985)
Lang v. Bank of North Dakota
,
377 N.W.2d 575 (N.D. 1985)
Russell Land Co. v. Mandan Chrysler-Plymouth, Inc.
,
377 N.W.2d 549 (N.D. 1985)
Matter of Kary
,
376 N.W.2d 320 (N.D. 1985)
Gibbons v. Blair
,
376 N.W.2d 22 (N.D. 1985)
State v. Riedinger
,
374 N.W.2d 866 (N.D. 1985)
Estate of Kjorvestad
,
375 N.W.2d 160 (N.D. 1985)
Cook v. Clark
,
375 N.W.2d 181 (N.D. 1985)
Loran v. Iszler
,
373 N.W.2d 870 (N.D. 1985)
Manikowske v. North Dakota Workmen's Compensation Bureau
,
373 N.W.2d 884 (N.D. 1985)
North Dakota State Engineer v. Schirado
,
373 N.W.2d 904 (N.D. 1985)
Triangle Oilfield Services, Inc. v. Hagen
,
373 N.W.2d 413 (N.D. 1985)
Brown v. North Dakota State University
,
372 N.W.2d 879 (N.D. 1985)
Kouba v. Great Plains Pelleting, Inc.
,
372 N.W.2d 884 (N.D. 1985)
Baker Manufacturing Co. v. Kramer Sheet Metal
,
371 N.W.2d 149 (N.D. 1985)
County of Stutsman v. State Historical Society
,
371 N.W.2d 321 (N.D. 1985)
State v. Nace
,
371 N.W.2d 129 (N.D. 1985)
State v. Neigum
,
369 N.W.2d 375 (N.D. 1985)
Gregory v. North Dakota Workmen's Compensation Bureau
,
369 N.W.2d 119 (N.D. 1985)
State v. Vetsch
,
368 N.W.2d 547 (N.D. 1985)
City of Minot v. Freelander
,
368 N.W.2d 514 (N.D. 1985)
Interest of Goodwin
,
366 N.W.2d 809 (N.D. 1985)
McWethy v. McWethy
,
366 N.W.2d 796 (N.D. 1985)
Elhard v. Prairie Distributors, Inc.
,
366 N.W.2d 465 (N.D. 1985)
Overboe v. Sjolin
,
366 N.W.2d 786 (N.D. 1985)
Matter of Bo
,
365 N.W.2d 847 (N.D. 1985)
Royal Jewelers, Inc. v. Kopp
,
365 N.W.2d 525 (N.D. 1985)
Landsberger v. Landsberger
,
364 N.W.2d 918 (N.D. 1985)
State v. Rasmussen
,
365 N.W.2d 481 (N.D. 1985)