Legal Opinion
Unemployment Compensation Division of the Employment Security Bureau v. Bjornsrud
North Dakota Supreme Court
Decided December 19, 1977No. Civ. 9359PublishedCited by 7 opinions
1Opinion of the Court
VOGEL, Justice.
The sole question involved in this appeal is whether the district court abused its discretion in denying a motion to dismiss pursuant to the first sentence of Rule 41(b), N.D.R.Civ.P., which provides:
“For failure of the plaintiff to prosecute ... a defendant may move for dismissal of an action or of any claim against him.”
We affirm, but do not condone the delay.
The action was commenced by the Unemployment Compensation Division as plaintiff by summons and complaint dated November 19, 1970, served on the defendant the same day. An answer alleging inability to determine the…
2Cases cited10 opinions
- In Re Estate of ElmerNorth Dakota Supreme Court · 1973
- Clarence Marshall, Jr. v. Allyn R. SielaffCourt of Appeals for the Third Circuit · 1974
- Richard Lejose Navarro v. Chief of Police, Des Moines, Iowa, and Sheriff of Polk CountyCourt of Appeals for the Eighth Circuit · 1975
- Gerhardt v. FleckNorth Dakota Supreme Court · 1977
- Simkins v. BechtolSouth Dakota Supreme Court · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hamilton v. HamiltonNorth Dakota Supreme Court · 1987
- Shafer v. Job Service North DakotaNorth Dakota Supreme Court · 1990
- Ternes v. KnispelNorth Dakota Supreme Court · 1985
- Key Energy Services, LLC v. Ewing Construction Co., Inc.North Dakota Supreme Court · 2018
- Osborne v. Brown & Saenger, Inc.North Dakota Supreme Court · 2017
2 more not listed; retrieve them via the Exa API.