movant has a meritorious defense (North Dakota) · Go Syfert
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movant has a meritorious defense in North Dakota

10 North Dakota opinions name it 1 courts 1974–2022 2 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 (4)

CaseFollowedCited
King v. Montzgreen
nd · 1974 · cited in 5 North Dakota opinions naming this issue, 1990–2018
2 sentences

2018In discussing whether excusable neglect existed, the court noted: "[w]here timely relief is sought from a default judgment and the movant has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment so that cases may be decided on their merits." King v. Montz , 219 N.W.2d 836 , 839 (N.D. 1974). [¶19] In the present case, Shane was served with the summons and complaint on February 24, 2017.

2001Third, as a consequence of the first two considerations, “ ‘[w]here timely relief is sought from a default judgment and the movant has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment so that cases may be decided on their merits.’ ” King v. Montz, 219 N.W.2d 836, 839 (N.D.1974) [quoting 7 Moore’s Federal Practice ¶ 60.19, at p. 60- 156].” CUNA Mortgage v. Aafedt, 459 N.W.2d 801, 803 (N.D.1990). [¶ 38] Here, timely relief has been sought and a meritorious defense interposed.

45
Suburban Sales & Service, Inc. v. District Court of Ramsey Countygreen
nd · 1980 · cited in 2 North Dakota opinions naming this issue, 2005–2008
2 sentences

2008Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶¶ 13-14 , 637 N.W.2d 681 (internal citations and quotations omitted); see also Suburban Sales & Serv., Inc. v. District Court of Ramsey County, 290 N.W.2d 247, 252 (N.D.1980) (noting that no cases were discovered in which our trial courts were held to have abused their discretion in vacating a judgment, but citing several occasions in which our trial courts abused their discretion in refusing to vacate a judgment under Rule 60(b)).” Beaudoin , at ¶ 33. [¶ 9] In First Nat’l Bank v. Bjorgen, this Court also described several relevant criteria f

2005Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶¶ 13-14 , 637 N.W.2d 681 (internal citations and quotations omitted); see also Suburban Sales & Serv., Inc. v. District Court of Ramsey County, 290 N.W.2d 247, 252 (N.D.1980) (noting that no cases were discovered in which our trial courts were held to have abused their discretion in vacating a judgment, but citing several occasions in which our trial courts abused their discretion in refusing to vacate a judgment under Rule 60(b)).

22
Cuna Mortgage v. Aafedtgreen
nd · 1990 · cited in 2 North Dakota opinions naming this issue, 2001–2001
2 sentences

2001Third, as a consequence of the first two considerations, “ ‘[w]here timely relief is sought from a default judgment and the movant has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment so that cases may be decided on their merits.’ ” King v. Montz, 219 N.W.2d 836, 839 (N.D.1974) [quoting 7 Moore’s Federal Practice ¶ 60.19, at p. 60- 156].” CUNA Mortgage v. Aafedt, 459 N.W.2d 801, 803 (N.D.1990). [¶ 38] Here, timely relief has been sought and a meritorious defense interposed.

2001Third, as a consequence of the first two considerations, “‘[w]here timely relief is sought from a default judgment and the movant has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment so that cases may be decided on their merits.’” King v. Montz , 219 N.W.2d 836, 839 (N.D. 1974) [quoting 7 Moore’s Federal Practice ¶ 60.19, at p. 60-156].” CUNA Mortgage v. Aafedt , 459 N.W.2d 801, 803 (N.D. 1990). [¶38] Here, timely relief has been sought and a meritorious defense interposed.

22
In Re Estate of Jensengreen
nd · 1968 · cited in 1 North Dakota opinions naming this issue, 2008–2008
1 sentence

2008Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶¶ 13-14 , 637 N.W.2d 681 (internal citations and quotations omitted); see also Suburban Sales & Serv., Inc. v. District Court of Ramsey County, 290 N.W.2d 247, 252 (N.D.1980) (noting that no cases were discovered in which our trial courts were held to have abused their discretion in vacating a judgment, but citing several occasions in which our trial courts abused their discretion in refusing to vacate a judgment under Rule 60(b)).” Beaudoin , at ¶ 33. [¶ 9] In First Nat’l Bank v. Bjorgen, this Court also described several relevant criteria f

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Gepner v. Fujicolor Processing, Inc. green
nd · 2001
2 sentences

2022Hall, at ¶ 11 (quoting Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶ 14 , 637 N.W.2d 681 ). [¶9] The district court held Allery’s failure to respond did not constitute excusable neglect that would entitle him to relief from the judgment under N.D.R.Civ.P. 60(b)(1).

2022Hall, at ¶ 11 (quoting Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶ 14 , 637 N.W.2d 681 ). [¶9] The district court held Allery’s failure to respond did not constitute excusable neglect that would entitle him to relief from the judgment under N.D.R.Civ.P. 60(b)(1).

42005–2022
First National Bank of Crosby v. Bjorgen green
nd · 1986
1 sentence

2008Gepner v. Fujicolor Processing, Inc., 2001 ND 207, ¶¶ 13-14 , 637 N.W.2d 681 (internal citations and quotations omitted); see also Suburban Sales & Serv., Inc. v. District Court of Ramsey County, 290 N.W.2d 247, 252 (N.D.1980) (noting that no cases were discovered in which our trial courts were held to have abused their discretion in vacating a judgment, but citing several occasions in which our trial courts abused their discretion in refusing to vacate a judgment under Rule 60(b)).” Beaudoin , at ¶ 33. [¶ 9] In First Nat’l Bank v. Bjorgen, this Court also described several relevant criteria f

12008–2008
Barber v. Turberville green
cadc · 1954
1 sentence

1974One of the cases annotated under the quoted comment from Moore’s is Barber v. Turberville, 94 U.S. App.D.C. 335, 218 F.2d 34 (1954).

11974–1974

Where else courts name it

OH 88 (1972–2026) ND 10 (1974–2022) TX 4 (1980–2021) IN 2 (2011–2012) IA 2 (2021–2021) NY 2 (1959–1999)

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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