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← 2000 ND 18 - Webster v. Regan

Webster v. Regan’s Empirical Analysis

2000

Citation profile

8
cited by 8 later decisions
1
states following
January 2019
most recently cited

8 state decisions

Relationships

Relies on Botner v. Botner · All Seasons Water Users Ass'n v. Northern Improvement Co. · In Re Marriage of Trearse · 264 Ill. App. 3d 471 - In Re Marriage of Hoffman · 99 Or. App. 682 - Matter of Marriage of Winningstad

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[W]hen a stipulation is incorporated into a judgment, the stipulation and judgment are merged, and courts look to the incorporating judge’s intent, not the intent of the parties to the stipulation. Botner v. Botner, 545 N.W.2d 188, 190 (N.D.1996); In re Marriage of Sylvester, 412 N.W.2d 624, 628 (Iowa 1987). Extrinsic evidence of the parties’ intent is considered only if, after an examination of the judgment, the stipulated language is ambiguous and the incorporating court’s intent cannot be determined. See In re Marriage of Hoffman, 264 Ill.App.3d 471 , 202 Ill.Dec. 89 , 637 N.E.2d 628, 630 (1994); In re Marriage of Winningstad, 99 Or.App. 682 , 784 P.2d 101, 103-04 (1989); In re Marriage of Trearse; Janish, 195 Cal.App.3d 1189, 1194 , 241 Cal.Rptr. 257, 260-61 (Cal.App.1987).”
    1 later decision quote this exact passage
  2. “Earl L. Webster, will grant unto the Plaintiff, Helena R. Websrer [sic], an easement for a strip of land 200 feet wide along the southwesterly shore of Morrison Lake from the meander line ... running ... to Gordon’s Pass ... for a period of 99 years, and use of such 200 foot strip ... shall not be restricted in any way.”
    1 later decision quote this exact passage
  3. “Since Gordon’s Pass is described as being in Section 24 it is this Court’s Finding that the easement terminates on its south end at a point on the north south running section line between Sections 23 and 24, where the meander line crosses from the NW ⅝ of the SW ⅜ of Section 24 to the NE ⅛ of the SE ⅜ of Section 23.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.