Cass County, N.D. Civil Case Files

Collection

Identifier: Mss 339

Staff Only

Scope and Content

The Cass County Civil Case Files span from the beginning of the court system in Cass County and conclude in 1944. The divorce case files were originally part of these records, however they were pulled from the collection and made a separate collection to aid in their retrieval and use. The online database includes both the general civil cases and the divorce cases. Currently the database includes only the plaintiff and defendant names. Enhancing the database will be an ongoing process to include dates, attorney names, type of case, and descriptive information.

The clerk of court maintained indexes to these records through four ledgers which were also transferred to the archives. The first set cover from 1875 to 1922 and the second set from 1922 to 1944. The indexes were used to develop the database.

The order of the Civil Case Files Series has been retained as established by the Cass County Clerk of Court. The original numerical filing system was retained, which consists of the PH number followed by the actual case number. PH is the abbreviation for “pigeon hole” which was the number assigned to the drawer compartments in the clerk of court office in which the case was filed. The case number is a sequential number. The PH-Case File numbers generally are in chronological sequence. But, some cases were filed under a much higher PH number likely because of drawer compartment space consideration, and thus they are out of chronological sequence. Files are known to be missing that appear in the master indexes. A significant gap of files is known from PH 165 until they begin with 176-9572.

Roughly 60% of the case files have been fully processed (through PH 544) to include unfolding the original tri-fold packets and placing them in acid-free folders. Processing will be an ongoing project.

The Miscellaneous Files Series are various files apparently kept at the Clerk of Court office under a ‘Miscellaneous’ filing system. Miscellaneous I, II or IV are noted on the packet envelopes, while one has ‘27’. Also included in this series are several other files that were deposited by the Cass County Clerk of Court as part of their records. Of particular note is the court petition file from 1881 related to the St. Paul, Minneapolis, Manitoba Railway Company obtaining the right-of-way to construct its railroad line from the south through Casselton and continuing north. It appears it involved land in Richland, Cass and Traill counties. The file also includes quite a number of court filings, including damage claims against the railroad brought by individuals.

The Oversize Series records were deposited by the Clerk of Court office some years later than the other general civil case files. There are only three files in this series, all of them trusts. Due to the size of the files they apparently were kept in a separate location in the clerk of court office, with the designation ‘III’ used plus the case number.

The Abstract of Judgment Series was created by the archives staff, pulling this particular type of record from the general case files as they are processed and made a separate series. It appears that a single PH number was set aside each year for these particular documents.

The Appeal Cases Transcripts Series were deposited by the Clerk of Court office at a later time than the general civil cases and include several cases from 1969 to 1972. All are assumed to have been appealed to the North Dakota Supreme Court. Of interest is the bid specification manual for the Omega Navigation Station built at La Moure, N.D. With what court case it is associated is not known. The manual has a sticker attached labeled ‘Plaintiff’s Exhibit’ and dated 2-28-72.

Dates

1875-1944

Creator

North Dakota. District Court (Cass County) (Organization)

Access

The collection is open under the rules and regulations of the NDSU Archives. Some files may contain sealed documents which will require a formal court order for access.

Copyrights

Copyrights to this collection is held by the State of North Dakota

History

The North Dakota Constitution of 1889 created a system of district courts to serve as courts of original jurisdiction below the Supreme Court. It prescribed the numbers and sizes of the original districts, as well as providing for judges and their terms of office. District Three was created in 1889, to include Cass, Steele and Traill counties. Presiding judges included William B. McConnell 1889-1896, Charles A. Pollock 1897-1916, and Albert T. Cole 1917-1919.

In 1909 the North Dakota Legislature enacted a law providing that district court judges should hence forth be elected on a no-party ballot. This measure became effective with the 1910 election. (1909 N.D. Sess. Laws ch. 82, §1). The 1919 Legislature reorganized the district court system, reducing the number of districts to six, but for the first time establishing multi-judge districts. Additional judges were added in 1919, 1955, and 1967. District One, created in 1919 included Nelson, Grand Forks, Griggs, Steele, Barnes, Traill, and Cass counties. Three judges were assigned initially and two additional judges were added in 1967.

In 1979 the Supreme Court directed a complete reorganization of the district court system. The state was divided into seven districts identified in terms of their geographic locations. Cass County became part of the East Central Judicial District, together with Steele and Traill counties. The 1991 North Dakota Legislature unified the trial courts by abolishing the county courts and combining their functions into the district court.