manner rule (North Dakota) · Go Syfert
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manner rule in North Dakota

9 North Dakota opinions name it 1 courts 1945–2022 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.

Followed or applied (5)

CaseFollowedCited
State v. Reavesgreen
iowa · 1977 · cited in 2 North Dakota opinions naming this issue, 1982–1983
2 sentences

1983See, State v. Reaves, 254 N.W.2d 488 (Iowa 1977).

1982See, State v. Reaves, 254 N.W.2d 488 (Iowa 1977).

22
Riverwood Commercial Properties, Inc. v. Colegreen
nh · 1994 · cited in 1 North Dakota opinions naming this issue, 2018–2018
1 sentence

2018See Fraley v. Minger , 829 N.E.2d 476, 487 (Ind. 2005) (holding title by adverse possession passes to the claimant by law at the end of the possessory period); Garriott v. Peters , 878 N.E.2d 431, 438 (Ind. Ct. App. 2007) (recognizing title passes to the adverse possession claimant at the end of a 10-year period during which all the elements of adverse possession are met); Riverwood Commercial Properties, Inc. v. Cole , 639 A.2d 714, 715 (N.H. 1994) (acknowledging that after an adverse possessor possesses land for 20 years in a manner and under a claim adverse to that of the actual owner, the

11
El Cerrito, Inc. v. Ryndakgreen
wash · 1962 · cited in 1 North Dakota opinions naming this issue, 2018–2018
1 sentence

2018See Fraley v. Minger , 829 N.E.2d 476, 487 (Ind. 2005) (holding title by adverse possession passes to the claimant by law at the end of the possessory period); Garriott v. Peters , 878 N.E.2d 431, 438 (Ind. Ct. App. 2007) (recognizing title passes to the adverse possession claimant at the end of a 10-year period during which all the elements of adverse possession are met); Riverwood Commercial Properties, Inc. v. Cole , 639 A.2d 714, 715 (N.H. 1994) (acknowledging that after an adverse possessor possesses land for 20 years in a manner and under a claim adverse to that of the actual owner, the

11
Fraley v. Mingergreen
ind · 2005 · cited in 1 North Dakota opinions naming this issue, 2018–2018
1 sentence

2018See Fraley v. Minger , 829 N.E.2d 476, 487 (Ind. 2005) (holding title by adverse possession passes to the claimant by law at the end of the possessory period); Garriott v. Peters , 878 N.E.2d 431, 438 (Ind. Ct. App. 2007) (recognizing title passes to the adverse possession claimant at the end of a 10-year period during which all the elements of adverse possession are met); Riverwood Commercial Properties, Inc. v. Cole , 639 A.2d 714, 715 (N.H. 1994) (acknowledging that after an adverse possessor possesses land for 20 years in a manner and under a claim adverse to that of the actual owner, the

11
Garriott v. Petersgreen
indctapp · 2007 · cited in 1 North Dakota opinions naming this issue, 2018–2018
1 sentence

2018See Fraley v. Minger , 829 N.E.2d 476, 487 (Ind. 2005) (holding title by adverse possession passes to the claimant by law at the end of the possessory period); Garriott v. Peters , 878 N.E.2d 431, 438 (Ind. Ct. App. 2007) (recognizing title passes to the adverse possession claimant at the end of a 10-year period during which all the elements of adverse possession are met); Riverwood Commercial Properties, Inc. v. Cole , 639 A.2d 714, 715 (N.H. 1994) (acknowledging that after an adverse possessor possesses land for 20 years in a manner and under a claim adverse to that of the actual owner, the

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 (8)

CaseCitedYears
Grand Forks Homes, Inc. v. State ex rel. State Board of Equalization neutral
nd · 2011
2 sentences

2022A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure.” N.D.C.C. § 28-34-01(1) (emphasis added). [¶9] “Timely filing of an appeal from a decision of a [local governing body] is mandatory to invoke a district court’s appellate subject matter jurisdiction over the appeal.” Grand Forks Homes, Inc. v. State, 2011 ND 65 , ¶ 20, 795 N.W.2d 335 .

2016We have recognized “[tjimely filing of an appeal from a decision of a [local governing body] is mandatory to invoke a district court’s appellate subject matter jurisdiction over the appeal.” Grand Forks Homes, Inc. v. State, 2011 ND 65 , ¶ 20, 795 N.W.2d 335 .

22016–2022
Grand Forks Homes, Inc. v. State of North Dakota green
nd · 2011
2 sentences

2022A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure.” N.D.C.C. § 28-34-01(1) (emphasis added). [¶9] “Timely filing of an appeal from a decision of a [local governing body] is mandatory to invoke a district court’s appellate subject matter jurisdiction over the appeal.” Grand Forks Homes, Inc. v. State, 2011 ND 65 , ¶ 20, 795 N.W.2d 335 .

2016We have recognized “[tjimely filing of an appeal from a decision of a [local governing body] is mandatory to invoke a district court’s appellate subject matter jurisdiction over the appeal.” Grand Forks Homes, Inc. v. State, 2011 ND 65 , ¶ 20, 795 N.W.2d 335 .

22016–2022
Fahey v. Fife green
nd · 2017
2 sentences

2019"Valuation of an estate's property is a finding of fact subject to the clearly erroneous standard of review." Fahey v. Fife , 2017 ND 200 , ¶ 8, 900 N.W.2d 250 .

2019"Valuation of an estate's property is a finding of fact subject to the clearly erroneous standard of review." Fahey v. Fife , 2017 ND 200 , ¶ 8, 900 N.W.2d 250 .

22019–2019
State v. Chacano green
nd · 2012
1 sentence

2016A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure.” [¶ 7] “The interpretation of a court rule or statute is a question of law that we review de novo.” State v. Chacano, 2012 ND 113, ¶ 10 , 817 N.W.2d 369 .

12016–2016
State v. Chacano green
nd · 2012
1 sentence

2016A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure.” [¶ 7] “The interpretation of a court rule or statute is a question of law that we review de novo.” State v. Chacano, 2012 ND 113, ¶ 10 , 817 N.W.2d 369 .

12016–2016
Zajac v. Traill County Water Resource District green
nd · 2016
2 sentences

2016A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure. [¶ 6] In Zajac, 2016 ND 134, ¶¶7-8 , 881 N.W.2d 666 , we recently considered a similar issue about the timeliness of an appeal to the district court from a decision by a local governing body under that statute: The plain language of N.D.C.C. § 28-34-01 governs any appeal provided by statute from the decision of a local governing body and states the “notice of appeal must be filed ... within thirty days after the decision of the local governing

2016A copy of the notice of appeal must be served on the local governing body in the manner provided by rule 4 of the North Dakota Rules of Civil Procedure. [¶ 6] In Zajac, 2016 ND 134, ¶¶7-8 , 881 N.W.2d 666 , we recently considered a similar issue about the timeliness of an appeal to the district court from a decision by a local governing body under that statute: The plain language of N.D.C.C. § 28-34-01 governs any appeal provided by statute from the decision of a local governing body and states the “notice of appeal must be filed ... within thirty days after the decision of the local governing

12016–2016
State v. Allery green
nd · 1982
1 sentence

1983In footnote 3, in State v. Allery, 322 N.W.2d 228 (N.D.1982), we said that both the prosecution and the defense attorneys have the primary responsibility to object to or request instructions on the applicable law in the same manner as the defense counsel has the professional responsibility (Canon 6, Code of Professional Responsibility) to assist in making the record show that a guilty plea was intelligently, accurately, and voluntarily made.

11983–1983
State v. Mitchell green
nd · 1923
1 sentence

1945“The defendant on trial has a right to assume that the statute will be complied with and his silence cannot be construed as consent.” Thompson, Trials, 2d ed § 2375; State v. Mitchell, 49 ND 726 , 193 NW 310 .

11945–1945

Statutes the citing opinions construe

ND § N.D. Cent. Code § 28-34-01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 142 (1859–2026) CA 92 (1911–2025) TX 84 (1923–2026) IL 48 (1886–2026) PA 47 (1869–2025) OH 39 (1962–2025) FL 31 (1922–2024) MI 30 (1934–2023) GA 27 (1889–2026) AL 24 (1906–2025) CT 24 (1859–2020) NC 22 (1905–2024) NJ 19 (1939–2024) MO 19 (1884–2023) MN 17 (1902–2019) WA 15 (1980–2021) IN 15 (1887–2014) WV 12 (1873–2023) TN 12 (1975–2025) LA 12 (1953–2020) RI 12 (1965–2022) OK 11 (1913–2020) MS 10 (1993–2023) AZ 9 (1966–2026) WI 9 (1950–2019) ND 9 (1945–2022) CO 8 (1981–2026) OR 8 (1961–2023) IA 7 (1895–2019) KS 7 (1918–2014) MD 7 (1968–2024) AR 5 (1983–2019) UT 5 (1996–2019) MA 4 (1974–2015) VA 4 (1963–2016) DC 4 (1979–1990) MT 3 (1928–2023) ID 3 (1910–1989) KY 3 (2014–2021) HI 3 (1978–2022) SD 3 (1928–2013) VT 3 (1933–1991) NE 2 (1896–1939) DE 2 (1972–1987) NV 2 (1965–2013) PR 2 (1954–1986)

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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