Nels G. Johnson

This case concerns an appeal by Dallas Jackman from a district court order denying his motion to vacate his 1957 conviction and commitment for grand larceny on the grounds that the court lacked jurisdiction because he was a juvenile. The North Dakota Supreme Court affirmed the denial of the motion. The court held that Jackman, who was over 18 years old at the time of his arrest and proceedings, fell outside the statutory definition of a "child" subject to exclusive juvenile court jurisdiction. It further concluded that the record showed Jackman had been fully informed of his rights, waived counsel, entered a knowing guilty plea, and received due process throughout the proceedings, including probation and later sentencing for a violation.

criminal lawprocedure

In Baldus v. Mattern, the plaintiff alleged that he purchased both real property and associated personal property (bottling plant equipment) under a listing agreement for $24,150, paid a $7,000 down payment, and took possession, but the defendant refused to deliver a bill of sale warranting clear title to the personal property, which was subject to delinquent taxes and possible liens totaling over $1,000. The plaintiff sought damages, specific performance to clear encumbrances, or reformation of the contract for deed to reduce the price by $5,000 allocated to the personal property. The North Dakota Supreme Court reversed the trial court's judgment after a jury trial and granted a new trial, concluding that the jury instruction on the parol evidence rule was improperly given because the central factual dispute was whether any written bill of sale embodied the parties' full agreement, making parol evidence admissible on that threshold issue.

propertyprocedure

This case involves an eminent domain action by Otter Tail Power Company seeking perpetual easements across nine parcels of farmland in North Dakota to construct a 115,000-volt power transmission line as part of its interconnected utility network. The company alleged public necessity and that the route minimized private injury, while defendants contested the taking and related compensation. The trial court permitted the condemnation, admitted opinion testimony on easement values from witnesses familiar with local land, granted immediate possession upon deposit of awarded damages, and denied a stay pending appeal. The North Dakota Supreme Court affirmed the judgment, holding that statutory authority supported the proceedings, the witnesses were qualified, and the company had established the right to the easements with compensation.

property

This case involves an appeal by plaintiff Tony Gunsch, acting pro se, from a judgment dismissing his action in Mercer County, North Dakota, entered on October 31, 1956. The North Dakota Supreme Court considered a motion to dismiss the appeal on the grounds that it was not filed within the statutory time limit after notice of entry of judgment. The court determined that notice of entry of judgment had been properly served by mail on the plaintiff's attorney of record, and that the plaintiff had actual knowledge of the judgment by May 1957, making the appeal filed in January 1958 untimely. Because the time limit for appeals is mandatory and jurisdictional, the court held it lacked jurisdiction and dismissed the appeal.

procedure

This case was a wrongful death action under North Dakota law brought by the father of 13-year-old Susan Henke, who died from injuries in a nighttime intersection collision between cars driven by defendants Peyerl and Williams. The plaintiff alleged gross negligence by Peyerl (in whose car the girl was a passenger) and ordinary negligence by Williams (allegedly acting in the course of employment for defendant Rue Contracting Company). A jury awarded $7,800 against all defendants. On appeal, the court affirmed the judgment against Peyerl based on evidence that he failed to stop at a stop sign before entering the through highway and that the damages award was not excessive, but dismissed the claims against Williams and Rue Contracting Company for insufficient evidence of negligence or employment-related liability.

torts & liabilityprocedure

The case involved the conviction of Herbert C. Johnson, owner of a public dance hall called Johnson's Barn, for violating Section 53-0210 NDRC 1943 by admitting boys and girls aged 14 to 17 to a dance on December 28, 1956, without a parent or guardian present. The North Dakota Supreme Court affirmed the conviction and the denial of a new trial, holding the proprietor criminally liable for the acts of his employees who sold tickets and admitted the minors, even though Johnson did not personally admit them. The court reasoned that the statute imposes responsibility on the owner or manager similar to liquor licensing laws, with no requirement of specific intent, and that the evidence showed Johnson was present, aware of the minors' presence, and had made no inquiries about their ages or guardians. It rejected claims of insufficient evidence regarding guardians and found no reversible error in jury instructions or other matters, though a concurrence noted Johnson's personal involvement sufficed for liability without relying on vicarious responsibility.

criminal law