10 North Dakota opinions name it 1 courts 1917–2020 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.
| Case | Followed | Cited |
|---|---|---|
Reichert v. Northern Pacific Railway Co.green2 sentences2009Co., 39 N.D. 114 , 167 N.W. 127, 136 (1918), this court held: “We must, indeed, hold to what we believe to be the prevailing American rule, that the defense in such cases can only be that of vis major, or the act of God, and that the act of God in its legal sense applies only to events in nature so extraordinary that the history of the climatic variations and other conditions in the particular locality affords no reasonable warning of them, and that damages cannot be avoided on the grounds that the flood was an act of God, where, from geographical and climatic conditions, the flood might have 2009Co., 39 N.D. 114 , 167 N.W. 127, 136 (1918), this court held: “We must, indeed, hold to what we believe to be the prevailing American rule, that the defense in such cases can only be that of vis major, or the act of God, and that the act of God in its legal sense applies only to events in nature so extraordinary that the history of the climatic variations and other conditions in the particular locality affords no reasonable warning of them, and that damages cannot be avoided on the grounds that the flood was an act of God, where, from geographical and climatic conditions, the flood might have | 2 | 2 |
Boeing Co. v. Van Gemertgreen2 sentences2013Id. at 481 , 100 S.Ct. 745 . 2013Id. at 481 , 100 S.Ct. 745 . | 1 | 3 |
Casselton Reporter Ex Rel. Potter v. Alleged Newspaper Called \The Fargo Forum\""green2 sentences2020It is based on the “fundamental idea in all republican forms of government that no one can be declared elected and no measure can be declared carried, unless he or it receives a majority or plurality of the legal votes cast in the election.” Casselton Reporter v. The Fargo Forum, 65 N.D. 681 , 261 N.W. 549, 551 (1935). 2020It is based on the “fundamental idea in all republican forms of government that no one can be declared elected and no measure can be declared carried, unless he or it receives a majority or plurality of the legal votes cast in the election.” Casselton Reporter v. The Fargo Forum, 65 N.D. 681 , 261 N.W. 549, 551 (1935). | 1 | 1 |
Horst v. Guygreen2 sentences2007Horst v. Guy, 211 N.W.2d 723, 732 (N.D.1973). 2007Horst v. Guy, 211 N.W.2d 723, 732 (N.D.1973). | 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 |
|---|---|---|
Deacon's Development, LLP v. Lamb
green
2 sentences2013Deacon’s Development, LLP v. Lamb, 2006 ND 172, ¶ 11 , 719 N.W.2d 379 . 2013Deacon’s Development, LLP v. Lamb, 2006 ND 172, ¶ 11 , 719 N.W.2d 379 . | 3 | 2007–2013 |
Mann v. NORTH DAKOTA TAX COMMISSIONER
neutral
2 sentences2013F [¶ 29] The Haydens and the law firm argue the district court erred in granting summary judgment dismissing their claim based on the common fund doctrine. [¶ 30] In Mann v. North Dakota Tax Comm’r, 2007 ND 119, ¶ 38 , 736 N.W.2d 464 , we discussed the common fund doctrine: North Dakota applies the American rule that every litigant is responsible for his own attorney’s fees, and therefore successful litigants are not entitled to recover attorney’s fees unless authorized by statute or contract. 2013F [¶ 29] The Haydens and the law firm argue the district court erred in granting summary judgment dismissing their claim based on the common fund doctrine. [¶ 30] In Mann v. North Dakota Tax Comm’r, 2007 ND 119, ¶ 38 , 736 N.W.2d 464 , we discussed the common fund doctrine: North Dakota applies the American rule that every litigant is responsible for his own attorney’s fees, and therefore successful litigants are not entitled to recover attorney’s fees unless authorized by statute or contract. | 2 | 2013–2013 |
Burgum v. Jaeger
neutral
1 sentence2020On October 13, 2020, Stenehjem issued a letter opinion stating “our court follows the majority of states that use the ‘American’ rule, where votes cast for the deceased candidate would be counted.” Id. | 1 | 2020–2020 |
Owsley v. Harrison
neutral
2 sentences1954Anno.Perpetuities, 698, 712; Owsley v. Harrison, 190 Ill. 235 , 60 N.E. 89 . 1954Anno.Perpetuities, 698, 712; Owsley v. Harrison, 190 Ill. 235 , 60 N.E. 89 . | 1 | 1954–1954 |
Putnam v. Producers' Live Stock Marketing Ass'n
green
2 sentences1949Putnam v. Producers’ Live Stock Marketing Asso. 256 Ky 196, 75 SW2d 1075 , 100 ALR 828, 831 ; 35 Am Jur 456. 1949Putnam v. Producers’ Live Stock Marketing Asso. 256 Ky 196, 75 SW2d 1075 , 100 ALR 828, 831 ; 35 Am Jur 456. | 1 | 1949–1949 |
Savage v. Smith
neutral
1 sentence1917Gulf Red Cedar Co. v. Walker, 132 Ala. 553 , 31 So. 374 , 11 Am. | 1 | 1917–1917 |
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.