Legal Opinion
Hoffman v. Berry
North Dakota Supreme Court
Decided January 7, 1966No. 8264PublishedCited by 8 opinions
1Opinion of the Court
TEIGEN, Judge.
The third-party defendant has appealed from a judgment dismissing the third-party complaint without prejudice and without costs to either party. The motion was made by third-party plaintiff under Rule 41(a) (2), N.D.R.Civ.P., and was resisted by third-party defendant. It is assigned it was error to dismiss without prejudice and without awarding any costs for expense moneys or attorney’s fees.
In June 1962 the plaintiff commenced an action against the defendant seeking to *531recover damages because of alleged breach of contract for sale and delivery of certain dry-cleaning equipment.…
Also in this document: Concurrence.
2Cases cited4 opinions
- Lang v. General Motors CorporationNorth Dakota Supreme Court · 1965
- City of Minot v. Minot Highway Center, Inc.North Dakota Supreme Court · 1963
- Gibbs v. JacobsenNorth Dakota Supreme Court · 1965
- In Re Manikowske's EstateNorth Dakota Supreme Court · 1965
3Cited by8 opinions
- State Farm Fire & Casualty Co. v. SigmanNorth Dakota Supreme Court · 1993
- City of Aberdeen v. LutgenSouth Dakota Supreme Court · 1979
- Tillery v. District Court ex rel. Fifth Judicial DistrictSupreme Court of Colorado · 1984
- Commonwealth Land Title Insurance Co. v. PughNorth Dakota Supreme Court · 1996
- Viscito v. ChristiansonNorth Dakota Supreme Court · 2016
3 more not listed; retrieve them via the Exa API.