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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.
| Case | Followed | Cited |
|---|---|---|
King v. Montzgreen2 sentences2018In 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. | 4 | 5 |
Suburban Sales & Service, Inc. v. District Court of Ramsey Countygreen2 sentences2008Gepner 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)). | 2 | 2 |
Cuna Mortgage v. Aafedtgreen2 sentences2001Third, 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. | 2 | 2 |
In Re Estate of Jensengreen1 sentence2008Gepner 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 | 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 |
|---|---|---|
Gepner v. Fujicolor Processing, Inc.
green
2 sentences2022Hall, 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). | 4 | 2005–2022 |
First National Bank of Crosby v. Bjorgen
green
1 sentence2008Gepner 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 | 1 | 2008–2008 |
Barber v. Turberville
green
1 sentence1974One 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). | 1 | 1974–1974 |
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.