Hennessey v. Milnor School District
Docket Info
- Title
- Andrew Hennessey, Plaintiff and Appellant
v.
Milnor School District, Defendant and Appellee - Case Type
- CIVIL APPEAL : EMPLOYER/EMPLOYEE DISPUTE
- Appeal From
-
Case No. 2022-CV-00075
Southeast Judicial District, Sargent County
Nicholas D. Thornton
Highlight
In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true.
Undue influence is improper influence exercised in such a way and to such an extent as to destroy a person’s free agency or voluntary action by substituting for the person’s will the will of another.
In nontestamentary cases, undue influence requires three factors be established: (1) A person who can be influenced; (2) The fact of improper influence exerted; and (3) Submission to the overmastering effect of such unlawful conduct.
The law does not condemn all influence, only undue influence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 02/24/2023 | NOTICE OF APPEAL : 02/24/2023 | View |
2 | 02/24/2023 | ORDER FOR TRANSCRIPT (Already in Record - docket #21) | View |
3 | 03/10/2023 | Rec'd Filing Fee | |
4 | 03/13/2023 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
5 | 03/13/2023 | Notice served on Andrew Hennessey, Jenna R. Bergman & Corey J. Quinton | |
6 | 03/27/2023 | ELEC. RECORD ON APPEAL DATED MARCH 27, 2023(ENTRY NOS.1-29) | View |
7 | 03/27/2023 | AMENDED ELEC. RECORD ON APPEAL DATED MARCH 27, 2023(ENTRY NOS. 1-31) | View |
8 | 04/05/2023 | APPELLANT BRIEF | View |
9 | 04/05/2023 | Rec'd 4 copies of ATB back from CD | |
10 | 04/19/2023 | NOTICE OF ORAL ARGUMENT SENT | |
11 | 04/19/2023 | Intent to Particpate in Oral Argument by Appellant | View |
12 | 04/20/2023 | APPELLEE BRIEF | View |
13 | 04/20/2023 | Oral Argument Request by Appellee | |
14 | 04/20/2023 | Rec'd corrections to AEB | |
15 | 04/24/2023 | Rec'd 4 copies of AEB back from CD | |
16 | 05/04/2023 | REPLY BRIEF | View |
17 | 05/05/2023 | Rec'd 4 copies of RYB back from CD | |
18 | 05/25/2023 | APPEARANCES: Andrew Hennessey/Jenna R. Bergman/Corey J. Quinton | |
19 | 05/25/2023 | ARGUED: Andrew Hennessey/Jenna R. Bergman | |
20 | 05/25/2023 | ORAL ARGUMENT WEBCAST | |
21 | 08/02/2023 | DISPOSITION | |
22 | 08/02/2023 | UNANIMOUS OPINION : Bahr, Douglas Alan | View |
23 | 08/02/2023 | Judgment | View |
24 | 08/02/2023 | Costs on appeal taxed in favor of Appellee | |
25 | 08/15/2023 | PETITION FOR REHEARING | View |
26 | 08/16/2023 | Rec'd 3 copies of PER back from CD | |
27 | 08/25/2023 | ACTION BY SUPREME COURT (PER) - Denied | View |
28 | 09/06/2023 | MANDATE |