Legal Opinion
Eggl v. Fleetguard, Inc.
North Dakota Supreme Court
Decided September 15, 1998No. Civil 970392PublishedCited by 11 opinions
1Opinion of the Court
NEUMANN, Justice.
[¶ 1] Fleetguard, Inc., has appealed from an order denying its motion to vacate a default judgment. Because Fleetguard was never properly served, the court lacked personal jurisdiction and the judgment was void. We therefore reverse and remand.
I
[¶ 2] In 1989, Fred Eggl bought an oil filter manufactured by Fleetguard from a retailer in Cando, North Dakota. The oil filter allegedly ruptured, damaging the engine in Eggl’s tractor. Eggl’s attorney prepared a summons and complaint alleging var ious claims against Fleetguard, and sent them by certified mail to Fleetguard’s address…
2Cases cited9 opinions
- New York Life Insurance v. BrownCourt of Appeals for the Fifth Circuit · 1996
- Meadows v. Dominican RepublicCourt of Appeals for the Ninth Circuit · 1987
- Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. FeigerCourt of Appeals for the First Circuit · 1992
- Hebron Brick Co. v. Robinson Brick & Tile Co.North Dakota Supreme Court · 1975
- First Western Bank & Trust v. WickmanNorth Dakota Supreme Court · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kevin Turner v. Stephanie D. TurnerTennessee Supreme Court · 2015
- McKenzie County Social Service Board v. C.G.North Dakota Supreme Court · 2001
- Monster Heavy Haulers, LLC v. Goliath Energy Services, LLCNorth Dakota Supreme Court · 2016
- Comstock Construction, Inc. v. Sheyenne Disposal, Inc.North Dakota Supreme Court · 2002
- Nelson v. McAlester Fuel CompanyNorth Dakota Supreme Court · 2017
6 more not listed; retrieve them via the Exa API.