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16 North Dakota opinions name it 1 courts 1983–2023 1 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
General Electric Credit Corp. v. Richmangreen2 sentences1999Credit Corp. v. Rickman, 338 N.W.2d 814, 818 (N.D.1983). 1990Credit Corp., supra, 338 N.W.2d at 818 (citation omitted) (where both damages and an injunction are sought, the parties are entitled to a jury trial as to the damage claim unless it is merely incidental to and dependent on the right to an injunction) (emphasis added). | 2 | 3 |
Farm Credit Bank of St. Paul v. Rubgreen2 sentences2023Paul v. Rub, 481 N.W.2d 451, 458 (N.D. 1992) (stating even when a counterclaim seeks monetary damages, “[a] party is not entitled to a jury trial on a damage claim that is incidental to and dependent upon a primary claim for which a jury trial is not allowed”). [¶21] Moreover, this Court previously discussed the procedure for resolving legal and equitable claims in the same case: It is the general rule that legal issues entitling a party to a jury trial should be tried to the jury prior to the disposition of the equitable issues triable to the court. 1993Paul v. Rub, 481 N.W.2d 451, 458 (N.D.1992), that, even when a counterclaim seeks monetary damages, a party is not entitled to a jury trial if the damage claim is incidental to and dependent upon a primary claim for which a jury trial is not allowed. | 2 | 2 |
Sargent County Bank v. Wentworthgreen2 sentences2004However, "[e]ven when the counterclaim seeks monetary damages, there is no entitlement to a jury trial if the damage claim is incidental to and dependent upon a primary claim where a jury trial is not allowed." Sargent County Bank v. Wentworth, 547 N.W.2d 753, 761 (N.D.1996). 2004However, “[e]ven when the counterclaim seeks monetary damages, there is no entitlement to a jury trial if the damage claim is incidental to and dependent upon a primary claim where a jury trial is not allowed.” Sargent County Bank v. Wentworth, 547 N.W.2d 753, 761 (N.D.1996). | 2 | 2 |
Olson v. Brodellgreen1 sentence1997See Olson v. Brodell, 128 N.W.2d 169, 178-179 (N.D.1964) (in action alleging forcible entry and detainer appellant was not prejudiced by court’s refusal to amend the complaint to include a claim for damages because appellant could institute separate action for dam *882 ages). | 1 | 1 |
Miller v. Shugartgreen1 sentence1992NDIGA also asserts that the Miller v. Shugart judgment is unenforceable “because it was not a properly entered judgment under North Dakota law or rules of procedure.” NDIGA contends that the procedure regarding confession of judgments under Rule 68(c), N.D.R.Civ.P., was not followed, that the procedure for entry of a default judgment under Rule 55(a), N.D.R.Civ.P., was not followed, and that, because there was no hearing on the merits of the damage claim before a judge or jury, the “judgment was not entered upon a verdict either.” In Miller v. Shugart, supra, at 735, the Minnesota Supreme Cour | 1 | 1 |
Tower City Grain Co. v. Richmangreen1 sentence1983Dobervich v. Central Cass Public School District No. 17, supra. We said in Tower City Grain Co. v. Richman, 232 N.W.2d 61, 66 (N.D.1975): “A complaint which prays for the equitable remedy of specific performance must clearly show that the legal remedy of damages is inadequate. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
First National Bank & Trust Co. of Williston v. Brakken
green
2 sentences1991Brakken, supra. Even when a counterclaim seeks damages, if “the damage claim is incidental to and dependent upon a primary claim for which a jury trial is not allowed, the parties are. not entitled to a jury trial as to the damage claim.” Brakken, supra, 468 N.W.2d at 635-636 . 1991Brakken, supra. Even when a counterclaim seeks damages, if “the damage claim is incidental to and dependent upon a primary claim for which a jury trial is not allowed, the parties are. not entitled to a jury trial as to the damage claim.” Brakken, supra, 468 N.W.2d at 635-636 . | 2 | 1991–1992 |
Skoog v. City of Grand Forks
green
2 sentences1984Under these circumstances, we cannot agree with the district court that Calavera's action is barred by the statute of limitations. [1] In Skoog v. City of Grand Forks, 301 N.W.2d 404 (N.D.1981), this Court construed a statute which required a damage claim against a municipality to be filed within 90 days after sustaining an injury and provided that a claimant could not recover damages in excess of the amount demanded in the claim. 1984Under these circumstances, we cannot agree with the district court that Calavera’s action is barred by the statute of limitations. 1 In Skoog v. City of Grand Forks, 301 N.W.2d 404 (N.D.1981), this Court construed a statute which required a damage claim against a municipality to be filed within 90 days after sustaining an injury and provided that a claimant could not recover damages in excess of the amount demanded in the claim. | 2 | 1984–1984 |
Sargent County Bank v. Wentworth
green
1 sentence1996Wentworth II, 500 N.W.2d at 873 . | 1 | 1996–1996 |
Moses v. Burleigh County
green
1 sentence1991Furthermore, while money damages traditionally constitute a claim for legal relief triable to a jury [Moses v. Burleigh County, 438 N.W.2d 186 (N.D.1989)], where the damage claim *636 is incidental to and dependent upon a primary claim for which a jury trial is not allowed, the parties are not entitled to a jury trial as to the damage claim. | 1 | 1991–1991 |
Adolph Rub Trust, First Trust Co. of North Dakota v. Rub
green
1 sentence1991Id.; Adolph Rub Trust v. Rub, 474 N.W.2d 73 (N.D.1991). | 1 | 1991–1991 |
Kopperud v. Reilly
green
1 sentence1991Kopperud v. Reilly, 453 N.W.2d 598 (N.D.1990); General Electric Credit Corp. v. Richman, supra; Lithun v. Grand Forks Pub. | 1 | 1991–1991 |
Dobervich v. Central Cass Public School District No. 17
green
1 sentence1983Dobervich v. Central Cass Public School District No. 17, supra. We said in Tower City Grain Co. v. Richman, 232 N.W.2d 61, 66 (N.D.1975): “A complaint which prays for the equitable remedy of specific performance must clearly show that the legal remedy of damages is inadequate. | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.