party alleging error in North Dakota

12 North Dakota opinions name it 1 courts 1904–2001 0 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.

Followed or applied (3)

Case	Followed	Cited
Zarak v. Hjellegreen nd · 1968 · cited in 2 North Dakota opinions naming this issue, 2001–2001 2 sentences 2001As this Court noted in Zarak v. Hjelle, 156 N.W.2d 815, 816 (N.D.1968), error is never presumed on appeal but must be affirmatively shown by the record, and the burden of so showing is on the party alleging error. [¶ 27] Miller alleges obvious error in this case because he was not allowed to confront Ann “face-to-face” when she testified. 2001As this Court noted in Zarak v. Hjelle , 156 N.W.2d 815, 816 (N.D. 1968), error is never presumed on appeal but must be affirmatively shown by the record, and the burden of so showing is on the party alleging error. [¶27] Miller alleges obvious error in this case because he was not allowed to confront Ann “face-to-face” when she testified.	2	2
State Bank v. Maiergreen nd · 1916 · cited in 5 North Dakota opinions naming this issue, 1924–1939 2 sentences 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp. 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp.	1	5
Coy v. Iowagreen scotus · 1988 · cited in 2 North Dakota opinions naming this issue, 2001–2001 2 sentences 2001The United States Supreme Court has concluded that the Confrontation Clause does not compel a witness “to fix his eyes upon the defendant.” Coy v. Iowa, 487 U.S. 1012, 1019 , 108 S.Ct. 2798 , 101 L.Ed.2d 857 (1988). 2001The United States Supreme Court has concluded that the Confrontation Clause does not compel a witness “to fix his eyes upon the defendant.” Coy v. Iowa, 487 U.S. 1012, 1019 , 108 S.Ct. 2798 , 101 L.Ed.2d 857 (1988).	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Jasper v. Hazen green nd · 1894 2 sentences 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp. 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp.	4	1907–1939
Steinbach v. Bauclair neutral · 1917 2 sentences 1954Actual fraud cannot be presumed but must be affirmatively proved by the one who relies on it As in other civil actions the burden of proving affirmative defense is on the party alleging such defense. 37 C.J.S., Fraud, § 94, p. 393; Steinbach v. Bauclair, 38 N.D. 223 , 164 N.W. 672 . 1954Actual fraud cannot be presumed but must be affirmatively proved by the one who relies on it As in other civil actions the burden of proving affirmative defense is on the party alleging such defense. 37 C.J.S., Fraud, § 94, p. 393; Steinbach v. Bauclair, 38 N.D. 223 , 164 N.W. 672 .	1	1954–1954
Stavens v. National Elevator Co. green nd · 1917 2 sentences 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp. 1939Jasper v. Hazen, 4 N. D. 1, 5 , 58 N. W. 454 , 23 L.R.A. 58 ; State Bank v. Maier, 34 N. D. 259 , 158 N. W. 346 ; Stavens v. National Elevator Co. 36 N. D. 9 , 161 N. W. 558 ; Gotchy v. North Dakota Workmen’s Comp.	1	1939–1939
Ruettell v. Greenwich Insurance neutral nd · 1907 2 sentences 1910As said by the present Chief Justice of this court in Ruettell v. Insurance Co., 16 N. D. 546 , 113 N. W. 1029 : “The weight to be given to the trial court’s findings, when that court is clothed with the same functibns as a jury in determining questions of fact, has often been before this court, and the following rule was laid down in an early case, and adopted in later decisions: ‘Rather it intended, and such, we think, is the effect of the Wisconsin decisions, that, when a finding of fact made by the trial court was brought into this court/for review upon proper exceptions, it should come li 1910As said by the present Chief Justice of this court in Ruettell v. Insurance Co., 16 N. D. 546 , 113 N. W. 1029 : “The weight to be given to the trial court’s findings, when that court is clothed with the same functibns as a jury in determining questions of fact, has often been before this court, and the following rule was laid down in an early case, and adopted in later decisions: ‘Rather it intended, and such, we think, is the effect of the Wisconsin decisions, that, when a finding of fact made by the trial court was brought into this court/for review upon proper exceptions, it should come li	1	1910–1910
Fisher v. Farmers' Loan & Trust Co. neutral · 1866 1 sentence 1904He must be able to show this court that such finding is against the preponderance of the testimony, and, where the finding is based upon parol evidence, it will not be disturbed unless clearly and unquestionably opposed by the preponderance of1 the testimony.” Fisher v. Trust Company, 21 Wis. 73 ; Randall v. Burk Tp., 4 S. D. 337, 57 N. W. 4 .	1	1904–1904
Randall v. Burk Township green sd · 1893 1 sentence 1904He must be able to show this court that such finding is against the preponderance of the testimony, and, where the finding is based upon parol evidence, it will not be disturbed unless clearly and unquestionably opposed by the preponderance of1 the testimony.” Fisher v. Trust Company, 21 Wis. 73 ; Randall v. Burk Tp., 4 S. D. 337, 57 N. W. 4 .	1	1904–1904

Where else courts name it

GA 259 (1950–2026) ID 34 (2004–2026) LA 26 (1984–2015) KS 26 (1952–2026) MN 21 (1889–2017) NY 19 (1852–2024) SD 19 (1896–2010) WI 16 (1962–2026) OH 16 (1999–2026) MO 15 (1894–2023) MI 15 (1899–2025) IL 14 (1902–2026) TX 13 (1891–2024) AL 13 (1893–2007) ND 12 (1904–2001) CA 11 (1867–2019) NC 10 (1876–2013) MT 10 (1907–2011) WA 8 (2014–2025) IN 7 (1979–2012) MD 7 (2011–2023) WY 7 (1996–2020) NJ 6 (1955–2026) NE 6 (1892–2026) TN 5 (1993–2002) ME 5 (1997–2008) RI 5 (1996–2023) UT 4 (1989–2005) NM 4 (1913–1966) IA 4 (1943–2023) VT 4 (1981–2010) AK 4 (1991–2023) AR 4 (1982–1989) OK 3 (1911–2011) CO 3 (1926–2017) KY 2 (1995–2019) HI 2 (1980–1999) PA 2 (1983–1984) MS 2 (2004–2005) MA 2 (2014–2016)

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.

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