THORSON v. CITY OF MINOT

Nos. 8423-8433.

153 N.W.2d 764 (1967)

L. Donald THORSON and Sigrid I. Thorson, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Leslie RALSTON and Laura Ralston, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Charles W. LARCOMBE and Agnes M. Larcombe, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Harold KULAAS, Plaintiff and Respondent, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Arvel N. GRAVING and Dorothy I. Graving, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Eilert MELBY and Alma Melby, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. M. O. LEE and Irene Lee, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. John D. SCHEFFER and Serena M. Scheffer, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Archie LEE and Marian Lee, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Eldon C. WHITE and Mary White, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants. Leo FECHO and Charlotte Fecho, Plaintiffs and Respondents, v. CITY OF MINOT, a municipal corporation, Defendant and Appellant, Morris Anderson and Betty Anderson, Wayne K. Larson and Marian Larson, Ivan Goheen and Lillian Goheen, Edwin H. Olson and Bertha Olson, Molla Romine, North Hill Development, Inc., a corporation, State of North Dakota, and Minot Public School District No. 1 of Ward County, North Dakota, Defendants.

Supreme Court of North Dakota.

October 26, 1967.


Attorney(s) appearing for the Case

Bosard, McCutcheon & Coyne, Minot, for defendant and appellant.

McGee, Van Sickle, Hankla & Backes, Minot, for plaintiffs and respondents.


ERICKSTAD, Judge.

The City of Minot appeals from eleven judgments against it, arising out of actions brought by the plaintiffs in eleven separate complaints and consolidated for purposes of trial.

Through two covenants not to sue, ten of the defendants were released from liability, and, as a result, the trial court dismissed the actions against them. Following the entry of the eleven judgments, the City moved to credit the judgments with the amount of the...

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