Legal Opinion · Concurrence

North Valley Water Ass'n v. Northern Improvement Co.

North Dakota Supreme Court

Decided December 10, 1987No. Civ. 870149Published

1ConcurrenceMeschke, Justice

I concur. I write separately only to highlight the call for change of the venue statutes. NDCC Ch. 28-04 is a legal thicket of deadwood and obscure underbrush. It should be revised, or repealed and replaced by modern procedural rules about the place of trial.

A nearsighted view of NDCC 28-04-04 expressed in City of Granville v. Kovash, Incorporated, 96 N.W.2d 168 (N.D.1959) illustrates a statutory limitation about the place of trial, one that necessitates this *497decision. The opinion of the Chief Justice says NDCC 28-04-04 is inapposite to this case, but it should be applicable. A company which…

2Cases cited2 opinions

  1. American State Bank of Dickinson v. HoffeltNorth Dakota Supreme Court · 1975
  2. City of Granville v. Kovash, IncorporatedNorth Dakota Supreme Court · 1959

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