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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

12301 - 12350 of 12358 results

Schmidt v. Frank 140 N.W.2d 588
Docket No.: 18608230
Filing Date: 2/24/1966
Case Type: Appeal - Civil - Real Property
Author: Erickstad, Ralph

Heid v. Shafer 140 N.W.2d 584
Docket No.: 18608297
Filing Date: 2/24/1966
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Strutz, Alvin

Cokins v. Frandsen 141 N.W.2d 796
Docket No.: 18608284
Filing Date: 2/11/1966
Case Type: Appeal - Civil - Real Property
Author: Strutz, Alvin

Sittner v. Mistelski 140 N.W.2d 360
Docket No.: 18608252
Filing Date: 2/11/1966
Case Type: Appeal - Civil - Real Property
Author: Erickstad, Ralph

Stetson v. Investors Oil, Inc. 140 N.W.2d 349
Docket No.: 18608248
Filing Date: 2/11/1966
Case Type: Appeal - Civil - Contracts
Author: Knudson, Harvey

Julson v. Loyal Order of Moose 140 N.W.2d 039
Docket No.: 18608195
Filing Date: 1/25/1966
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Erickstad, Ralph

Quinn Dist. Co. v. North Hill Bowl, Inc., et al. 139 N.W.2d 860
Docket No.: 18608199
Filing Date: 1/25/1966
Case Type: Appeal - Civil - Contracts
Author: Heen, Douglas

Kuntz v. N.D. Workmen's Comp. Bureau 139 N.W.2d 525
Docket No.: 18608251
Filing Date: 1/13/1966
Case Type: Appeal - Administrative - Workers Compensation
Author: Strutz, Alvin

Parceluk v. Knudtson 139 N.W.2d 864
Docket No.: 18608162
Filing Date: 1/7/1966
Case Type: Appeal - Civil - Real Property
Author: Strutz, Alvin

Fischer v. Fischer 139 N.W.2d 845
Docket No.: 18608183
Filing Date: 1/7/1966
Case Type: Appeal - Civil - Divorce - Property
Author: Erickstad, Ralph

Hoffman v. Berry 139 N.W.2d 529
Docket No.: 18608264
Filing Date: 1/7/1966
Case Type: Appeal - Civil - Contracts
Author: Teigen, Obert

Manock v. Donley 139 N.W.2d 391
Docket No.: 18608203
Filing Date: 1/7/1966
Case Type: Appeal - Civil - Personal Injury
Author: Strutz, Alvin

Fredereickson v. Burleigh County, et al. 139 N.W.2d 250
Docket No.: 18608152
Filing Date: 12/30/1965
Case Type: Appeal - Civil - Tax Realted
Author: Fredricks, M.

City of Grand Forks v. Grand Forks County 139 N.W.2d 242
Docket No.: 18608177
Filing Date: 12/30/1965
Case Type: Certified Question - Civil - Civil
Author: Teigen, Obert

Bankers v. Bankers 139 N.W.2d 143
Docket No.: 18608165
Filing Date: 12/30/1965
Case Type: Appeal - Civil - Divorce - Property
Author: Strutz, Alvin

State v. Johnson 139 N.W.2d 157
Docket No.: 18600328
Filing Date: 12/23/1965
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Strutz, Alvin

Bender v. N.D. Workmen's Comp. Bureau 139 N.W.2d 150
Docket No.: 18608154
Filing Date: 12/23/1965
Case Type: Appeal - Administrative - Workers Compensation
Author: Erickstad, Ralph

Berry v. Heinz 139 N.W.2d 145
Docket No.: 18608171
Filing Date: 12/23/1965
Case Type: Appeal - Civil - Contracts
Author: Teigen, Obert

Wilson v. City of Fargo 141 N.W.2d 727
Docket No.: 18608242
Filing Date: 11/30/1965
Case Type: Appeal - Civil - Real Property
Author: Strutz, Alvin

Newman v. Hjelle, et al. 133 N.W.2d 549
Docket No.: 18608201
Filing Date: 3/4/1965
Case Type: Appeal - Administrative - Department of Transportation
Author: Teigen, Obert

Sperle v. Weigel 130 N.W.2d 315
Docket No.: 18608140
Filing Date: 9/24/1964
Case Type: Appeal - Civil - Real Property
Author: Erickstad, Ralph

Kessler v. Thompson 075 N.W.2d 172
Docket No.: 18607541
Filing Date: 3/5/1956
Case Type: Appeal - Civil - Other
Author: Johnson, Nels

Haman v. McHenry County, et al. 072 N.W.2d 630
Docket No.: 18607542
Filing Date: 10/26/1955
Case Type: Appeal - Civil - Other
Author: Morris, James

State v. Krebs
Docket No.: 20240355
Filing Date: Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Riemers v. State 2007 ND App4
Docket No.: 20070063
Filing Date: 8/22/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A judgment of dismissal for failure to state a claim upon which relief can be granted will be affirmed by an appellate court if it cannot discern a potential for proof to support the claim.
Under N.D.R.Civ.P. 12(c), if, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under N.D.R.Civ.P. 56.
The court, in deciding a motion for judgment on the pleadings, may consider, in addition to the pleadings, materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment.

Riemers v. State 2007 ND App3
Docket No.: 20070038
Filing Date: 8/15/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Factual assertions in a brief do not raise an issue of material fact satisfying Rule 56(e) for purposes of resisting a motion for summary judgment.
A party asserting a constitutional claim must do more than submit bare assertions and must bring up the heavy artillery or forego the claim.

Riemers, et al. v. State, et al. 2007 ND App2
Docket No.: 20060382
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A judge may not be held liable for any judicial act.
Collateral estoppel generally prohibits the relitigation, in a second action, of particular issues of either fact or law which were, or by logical and necessary implication must have been, litigated and determined in the prior suit.

Riemers v. State of North Dakota, et al. 2007 ND App1
Docket No.: 20060310
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: Summary judgment is appropriate if the information available to the trial court does not establish a genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.

Interest of K.N.H., et al. (CONFIDENTIAL) 2005 ND App9
Docket No.: 20050018
Filing Date: 7/6/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: A juvenile court order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gosbee v. Martinson, et al. 2005 ND App10
Docket No.: 20050056
Filing Date: 7/6/2005
Case Type: Appeal - Civil - Other
Author:

Highlight: Rule 54(e)(1), N.D.R.Civ.P., which provides that the trial court shall schedule a hearing when objections to costs and disbursements are filed, is mandatory and affords no discretion to the trial court to dispense with the required hearing unless it is expressly waived by the parties.
When a motion is submitted under N.D.R.Ct. 3.2 and oral argument is properly requested, the trial court has no discretion to refuse to hold a hearing.
When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.

Johnson v. State (Consolidated w/20050029) 2005 ND App8
Docket No.: 20050028
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An application for post-conviction relief may be denied on the grounds of res judicata and misuse of process.
Whether there has been a manifest injustice supporting withdrawal of a guilty plea lies within the trial court's discretion.
To succeed on a claim of ineffective assistance of counsel, a defendant must prove counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.

Kerzmann v. Burleigh County Social Services 2005 ND App7
Docket No.: 20050076
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: The district court's dismissal of an attempted appeal because the appeal from an administrative law judge's decision affirming an agency employment termination was not properly perfected under N.D.C.C. 28-32-42 is summarily affirmed.

State v. Bernstein 2005 ND App6
Docket No.: 20040298
Filing Date: 5/26/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: To satisfy the knowledge element of criminal trespass under N.D.C.C. 12.1-22-03(3), the State must prove that the defendant knew or had a firm belief, unaccompanied by substantial doubt, that he was not licensed or privileged to be on the property.
A statement offered to show its effect upon the state of mind of the listener, rather than the truth of the matter asserted, is not hearsay.

State v. Smith 2005 ND App5
Docket No.: 20050004
Filing Date: 5/25/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The enhanced sentencing language of N.D.C.C. 39-08-01.2(2), requiring at least 90 days incarceration, is invalid and unenforceable when sentencing a defendant found guilty of a class B misdemeanor DUI under N.D.C.C. 39-08-01.

City of Grand Forks v. Barnum 2005 ND App4
Docket No.: 20040323
Filing Date: 5/19/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: For a process to be a necessary part of the approved method, the State Toxicologist must expressly include it in the approved methodology and make it a part of the requirement for fair administration.
Admission of a checklist other than the one generated in the course of administering a breath test is not a foundational requirement for admissibility of the test result generated in a breath test conducted with an Intoxilyzer 5000 KB-EP and printed on a "Form 106 KB-EP."

Interest of A.K., et al. (Confidential) 2005 ND App3
Docket No.: 20040313
Filing Date: 5/10/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The State must prove the elements for termination of parental rights by clear and convincing evidence.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.

Pautz v. N.B., et al. (Confidential) (cross-ref. w/20040229) 2005 ND App2
Docket No.: 20040340
Filing Date: 4/29/2005
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: The court summarily affirmed an order declaring a child delinquent and placing her in the custody of Division of Juvenile Services for one year.

Ernst v. Tjon 2005 ND App1
Docket No.: 20040373
Filing Date: 4/29/2005
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A summary judgment dismissing a defamation and libel action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Lang v. State, et al. 2001 ND App2
Docket No.: 20000223
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction.
Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit.
Without citations to relevant authority or supportive reasoning, an argument is without merit.

Lang v. Binstock 2001 ND App1
Docket No.: 19990345
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

State v. Nowik 2000 ND App1
Docket No.: 20000149
Filing Date: 12/27/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The appellant's conviction for driving a vehicle with a suspended license is summarily affirmed by the Court of Appeals.
No person has a constitutional right to operate a motor vehicle on the roads of this state without a valid driver's license.

Industrial Commission v. Wolf (Consolidated w/980053) 1999 ND App2
Docket No.: 19980052
Filing Date: 2/1/1999
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

State v. Berlin 1999 ND App1
Docket No.: 19970399
Filing Date: 1/6/1999
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

State v. Roberson 1998 ND App15
Docket No.: 19980078
Filing Date: 11/30/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Beck v. Job Service North Dakota 1998 ND App14
Docket No.: 19980115
Filing Date: 11/13/1998
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Hagerty, Gail

State v. Rohde (Consolidated w/980213 & 980214) 1998 ND App13
Docket No.: 19980161
Filing Date: 10/22/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Carver v. Miller 1998 ND App12
Docket No.: 19980064
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Cline v. Cline 1998 ND App11
Docket No.: 19980047
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Anseth v. Dupont Co. 1998 ND App10
Docket No.: 19980118
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Monson v. Monson 1998 ND App9
Docket No.: 19980006
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam