preferred claim (North Dakota) · Go Syfert
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preferred claim in North Dakota

6 North Dakota opinions name it 1 courts 1913–2003 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 (2)

CaseFollowedCited
Shuck Ex Rel. Shuck v. Shuckgreen
nd · 1950 · cited in 3 North Dakota opinions naming this issue, 2002–2003
2 sentences

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

33
Dennison v. North Dakota Department of Human Servicesgreen
nd · 2002 · cited in 2 North Dakota opinions naming this issue, 2003–2003
2 sentences

2003See Dennison , 2002 ND 39, ¶ 16 , 640 N.W.2d 447 .

2003See Dennison , 2002 ND 39, ¶ 16 , 640 N.W.2d 447 .

22

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 (7)

CaseCitedYears
State v. Whitver green
nd · 1942
2 sentences

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

32002–2003
State v. Wehe neutral
nd · 1942
2 sentences

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

2003See also Shuck v. Shuck , 77 N.D. 628 , 44 N.W.2d 767 (1950); State v. Wehe , 72 N.D. 186 , 5 N.W.2d 311 (1942); State v. Whitver , 71 N.D. 664 , 3 N.W.2d 457 (1942).

32002–2003
Department of Social Welfare of State of California v. Stauffer green
calctapp · 1943
2 sentences

1960Department of Social Welfare of State of California v. Stauffer, 56 Cal.App.2d 699 , 133 P.2d 692, 693 , involved an action to recover from the estate of a deceased recipient of old age security payments, who possessed property or income in excess of the amount allowed by law and thus was not entitled to receive such payments under a statute providing that: “ ‘If, on the death of a recipient of aid under this chapter, it is found that he was possessed of property or income in excess of the amount allowed under the provisions of this chapter and that he has not disclosed the same to the board o

1960Department of Social Welfare of State of California v. Stauffer, 56 Cal.App.2d 699 , 133 P.2d 692, 693 , involved an action to recover from the estate of a deceased recipient of old age security payments, who possessed property or income in excess of the amount allowed by law and thus was not entitled to receive such payments under a statute providing that: “ ‘If, on the death of a recipient of aid under this chapter, it is found that he was possessed of property or income in excess of the amount allowed under the provisions of this chapter and that he has not disclosed the same to the board o

11960–1960
Cooper v. Marsh neutral
iowa · 1926
1 sentence

1934The plaintiff’s right to exemptions as a widow “is not in the nature of an interest in the property, but is a preferred claim against the estate of the decedent which may or may not be available to claimant according to the circumstances.” Fisher v. Fisher, 53 N. D. 631, 635 , 207 N. W. 403 .

11934–1934
Fisher v. Fisher neutral
· 1926
1 sentence

1934The plaintiff’s right to exemptions as a widow “is not in the nature of an interest in the property, but is a preferred claim against the estate of the decedent which may or may not be available to claimant according to the circumstances.” Fisher v. Fisher, 53 N. D. 631, 635 , 207 N. W. 403 .

11934–1934
Grand District Lodge of District No. 41 of the Grand United Order of Odd Fellows in America v. Víctor Rojas Lodge, Inc. neutral
prsupreme · 1935
1 sentence

1913In the case of Parks v. Soldiers’ & Sailors’ Home Comrs. 22 Colo. 86 , 48 Pac. 542 , it was. held that “every officer of this state who holds his position by election, or appointment, . . . and whose duties are defined by statute, and are in their nature continuous and relate to the administration of the affairs of the state government, and whose salary is paid out of the public funds, is a public officer of either the legislative, executive, or judicial department of the government,” and that his salary is therefore a preferred claim against the state.

11913–1913
Parks v. Commissioners of Soldiers' & Sailors' Home green
colo · 1896
1 sentence

1913In the case of Parks v. Soldiers’ & Sailors’ Home Comrs. 22 Colo. 86 , 48 Pac. 542 , it was. held that “every officer of this state who holds his position by election, or appointment, . . . and whose duties are defined by statute, and are in their nature continuous and relate to the administration of the affairs of the state government, and whose salary is paid out of the public funds, is a public officer of either the legislative, executive, or judicial department of the government,” and that his salary is therefore a preferred claim against the state.

11913–1913

Where else courts name it

IL 36 (1892–2024) PA 28 (1893–2008) KS 27 (1922–2022) NY 26 (1892–1992) CA 23 (1898–2015) IA 22 (1893–2023) IN 21 (1882–2005) MO 16 (1898–1986) NE 12 (1894–2008) FL 11 (1928–1992) TX 11 (1874–2015) CO 11 (1896–2019) MT 10 (1925–1979) OH 10 (1905–2026) MN 9 (1925–2024) AR 8 (1925–2014) MD 8 (1907–2015) NJ 8 (1918–2025) OK 7 (1906–1966) SD 7 (1926–1998) AZ 7 (1932–2019) MA 7 (1935–2017) AL 7 (1933–1959) VA 6 (1934–2013) ND 6 (1913–2003) TN 6 (1895–1980) OR 6 (1899–1984) WA 5 (1916–2024) GA 5 (1935–2022) LA 4 (1931–2001) MI 4 (1931–2023) WI 3 (1934–1936) HI 3 (2005–2025) NM 3 (1924–2005) NC 3 (1950–1986) NV 2 (1952–2007) UT 2 (1962–2025) WV 2 (1935–2023) SC 2 (1932–1938) KY 2 (1918–1930) CT 2 (1900–1984) ID 2 (1897–1927) WY 2 (1934–1936)

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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