The requirement that all rules must apply to all parties to a contract for the ...
North Dakota Supreme Court Court Cases
Ruff v. Ruff (1952)This is an action for divorce. The plaintiff and defendant were married on July 14, 1938. They have no children. On June 28, 1950, the plaintiff commenced an action for divorce. He alleges that for the past eleven years the defendant treated him in a cruel and inhuman manner by falsely accusing him of the commission of the crime of adultery with his sister-in-law and with various other women; that she is constantly in the habit of calling him bad and vile names and charging him with being [...]
Court: North Dakota Supreme Court Docket: 7249
Buchholz v. Buchholz (1999)
[¶ 1] Scott Bradley Buchholz appealed from the judgment of divorce, challenging the district court's decision calculating child support and awarding attorney fees. We affirm the district court's award of attorney fees, and reverse and remand the award of child support.
Court: North Dakota Supreme Court Docket: 980130
State v. Olander (1998)
[¶ 1] Brian Olander appealed a jury conviction finding him guilty of manslaughter for the death of Nick Bullinger. We hold the trial court's failure to instruct the jury that the State had the burden of proving beyond a reasonable doubt Olander did not act in self-defense was obvious error. We reverse and remand for a new trial.
Court: North Dakota Supreme Court Docket: 970273
Kautzman v. Kautzman (1998)
Wayne T. Anderson (argued), Fargo, Mark R. Fraase (submitted on brief), and Douglas W. Nesheim (submitted on brief), of Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, for defendant, appellant and cross-appellee.
Court: North Dakota Supreme Court Docket: 980004
Stout v. Stout (1997)
[¶ 1] Julene Stout appeals from the May 24, 1996, order denying her permission to move from North Dakota to Arkansas with the parties' minor child. We reverse the trial court's denial and grant Julene's request to move. We remand to the trial court to establish a reasonable visitation schedule and to enter an amended judgment in accordance herewith.
Court: North Dakota Supreme Court Docket: 960150
In Re GRH (2006)[¶ 1] G.R.H. appeals from an order involuntarily committing him to the care and custody of the executive director of the Department of Human Services as a sexually dangerous individual. He argues the evidence was insufficient to support the order, his commitment as a sexually dangerous individual violates the due process and double jeopardy provisions of the state and the federal constitutions, and the denial of a judicial determination of his least restrictive treatment also violates due [...]
Court: North Dakota Supreme Court Docket: 20040287
State v. Steinbach (1998)
[¶ 1] Mark Steinbach appealed from a judgment of conviction and commitment, based upon jury verdicts finding him guilty of murder and of physical obstruction of a government function and tampering with physical evidence. Steinbach also appealed from a court order denying his motion for a new trial. We affirm the judgment on all convictions and the order denying Steinbach's motion for a new trial.
Court: North Dakota Supreme Court Docket: 970156
Heckelsmiller v. State (2004)[¶1] Andrew Heckelsmiller appealed from a South Central Judicial District Court memorandum opinion containing an order denying post-conviction relief. Andrew Heckelsmiller was charged with committing criminal trespass, a class C felony, and was found guilty by a jury verdict. Andrew Heckelsmiller appealed his conviction to this Court. We affirmed the judgment of conviction but allowed him to raise a claim of ineffective assistance of counsel in a post-conviction proceeding. State v. [...]
Court: North Dakota Supreme Court Docket: 20040111
[¶ 1] The City of Bismarck ("Bismarck") appealed a judgment and orders entered in an action brought by Olander Contracting Co. ("Olander") against Bismarck, Gail Wachter d/b/a Gail Wachter Investments ("Wachter"), and Dakota Sand and Gravel, Inc. Wachter and Olander cross-appealed. We affirm.
Court: North Dakota Supreme Court Docket: 20010086
Narum v. Faxx Foods, Inc. (1999)
Michael C. McCarthy (argued), Minneapolis, MN, and Michael L. Wagner (appearance), of Wheeler Wolf, Bismarck, for defendants and appellees Robert D. King, Earl A. King, Terry King, and Terry DeRoche.
Court: North Dakota Supreme Court Docket: 980212
Hurt v. Freeland (1999)
[¶ 1] In this case we are asked to decide whether passengers are liable for the injuries and deaths caused by an intoxicated driver. We are also asked to decide whether false testimony may create civil liability. We affirm the summary judgments of dismissal, concluding that absent a special relationship, not present here, there is no basis for liability on the part of passengers of an intoxicated driver, and there is no basis for civil liability based on the claimed false testimony.
Court: North Dakota Supreme Court Docket: 980169
Hawkinson v. Hawkinson (1999)
[¶ 1] Donald Lee Hawkinson appealed from a trial court judgment granting Lynda Ann McAllister's request to move with their son, Donald John (D.J.), to Plymouth, Minnesota. We hold the trial court's decision is not clearly erroneous and therefore affirm.
Court: North Dakota Supreme Court Docket: 980281
Mahoney v. Mahoney (1997)
[¶ 2] Tim and Debra Susan Mahoney were divorced in September 1992. At that time, Tim was a surgeon at Dakota Clinic, Ltd., in Fargo, earning a gross annual income of $242,100. The decree placed custody of their three children with Debra, and ordered Tim to pay Debra $2,000 per month in spousal support for four years and $4,080 per month in child support.
Court: North Dakota Supreme Court Docket: 970017
Riehl v. Riehl (1999)[¶ 1] Deborah Riehl appeals from a district court judgment dated June 8, 1998, which granted the parties a divorce, divided their marital property, placed the parties' minor children in Deborah's custody, and ordered Andrew to pay rehabilitative spousal and child support. Deborah challenges the award of spousal support. We hold the trial court's decision to award rehabilitative spousal support for only the period of time commensurate with the recipient's period of rehabilitation is clearly [...]
Court: North Dakota Supreme Court Docket: 980246
Weigel v. Weigel (2000)[¶ 2] On November 27, 1993, Robert Weigel and Nora Weigel were married. Nora Weigel had three daughters before the marriage and Robert Weigel adopted the youngest. Three months after the marriage, the parties bought a home in Mandan. Sale proceeds from Robert Weigel's prior home in Grand Forks provided the down payment. Because of their religious beliefs, the parties decided Robert Weigel would provide the family's income by working outside the home, and Nora Weigel would be a homemaker and [...]
Court: North Dakota Supreme Court Docket: 990277
State v. Gregg (2000)
[¶ 1] Robert Dean Gregg appeals from a criminal judgment and commitment of the East Central Judicial District Court upon a conditional plea of guilty to possession of a controlled substance and drug paraphernalia. We affirm, concluding the district court properly denied Gregg's motion to suppress evidence.
Court: North Dakota Supreme Court Docket: 20000009
Owens v. State (1998)
[¶ 1] Earl Leon Owens appeals from two orders denying his applications for post-conviction relief. We conclude the trial court did not err in denying Owens' numerous applications and other connected motions, and we affirm.
Court: North Dakota Supreme Court Docket: 970193
Kelly v. Kelly (2002)
[¶ 1] Susan Kelly appealed from a Northwest Judicial District Court order granting Delmer Kelly's motion for a change of custody of their two daughters. We affirm, concluding the district court did not err in changing custody.
Court: North Dakota Supreme Court Docket: 20010165
Moilan v. Moilan (1999)
Paul D. Johnson, P.O. Box 9028, Fargo, N.D. 58106-9028, and Mark G. Schneider of Schneider, Schneider & Phillips, 815 Third Avenue South, Fargo, N.D. 58103, for plaintiff and appellant; argued by Paul D. Johnson.
Court: North Dakota Supreme Court Docket: 980268
Syvertson v. State (2000)
[¶ 2] In January of 1998, Syvertson was convicted of two class B felony counts of gross sexual imposition. Syvertson appealed his conviction to the North Dakota Supreme Court, where it was affirmed. State v. Syvertson, 1999 ND 134, 597 N.W.2d 652.
Court: North Dakota Supreme Court Docket: 20000100