Lohnes Ex Rel. Lohnes v. Cloud

I dissent. As I see it, there is no question of jurisdiction whatever in this case. There is only a question of interpretation of one part of § 39-17-03, North Dakota Century Code, and whether that section should be interpreted so as to deprive residents of North Dakota of the protections of the Unsatisfied Judgment Fund to which they have contributed, merely because a judgment was obtained in one court rather than another.

JURISDICTION NOT INVOLVED

I believe the majority opinion insufficiently recognizes, or fails to recognize, that § 39-17-03, NDCC, requires some court or other to perform two…