HUSBAND GIVEN WIFE GIVEN BOOK PAGE DATE COUNTY
COMPSON JAMES CARLSON ANNA A. 9 141 1922/06/17 Stutsman
COMPTON CLIFFORD C. MILLER LOTTIE J. 8 408 1921/02/24 Stutsman
2009-12-13 Kris-Anna Compson wrote to me:
I'm a US citizen living in England for the last three years... and have had a hard time finding where my ancestors came from...
My father is Oral Robert Compson, b. 1948 North Dakota, His father is Robert Compson b.1928 in North Dakota ?? and his father William Compson b. 1874? in New York I think? I do believe they came over from England... but I can't find past William. If you have any idea where I should look, I would be most appreciative.
North Dakota Supreme Court Opinions George v. Compson, 251 N.W.2d 743 (N.D. 1977)
Filed Mar. 10, 1977
IN THE SUPREME COURT STATE OF NORTH DAKOTA
Scott C. George, Plaintiff and Appellee v. David Allen Compson, Defendant and Appellant
Civil No. 9267
[251 N.W.2d 744] Syllabus by the Court
Trial court's finding of fact that claimant was a resident of North Dakota for purposes of applying the Unsatisfied Judgment Fund to his claim is held not to be clearly erroneous.
Appeal from the Order of the District Court of Barnes County, the Honorable Hamilton E. Englert, Judge. AFFIRMED. Opinion of the Court by Erickstad, Chief Justice.
Vogel, Vogel, Brantner & Kelly, Fargo, for plaintiff and appellee; argued by Kermit E. Bye.
Thomas W. Robb, Assistant Attorney General for Unsatisfied Judgment Fund, Bismarck, for defendant and appellant.
George v. Compson Civil No. 9267 Erickstad, Chief Justice.
We have before us in this case a single issue: Whether Scott C. George was, on August 30, 1974, a resident of the State of North Dakota, entitling him to the benefits of the North Dakota Unsatisfied Judgment Fund.
On August 30, 1974, George was injured when the automobile he was driving was involved in a collision with an uninsured automobile owned and operated by David Allen Compson. After due notice of a failure by Compson to answer a complaint served upon him by George, the Attorney General entered an appearance pursuant to Section 39-17-04, N.D.C.C. Upon stipulation of the parties appearing and establishment of liability to the court's satisfaction, a judgment was entered in Barnes County District Court for George against Compson in the sum of $10,000. Pursuant to Section 39-17-05, N.D.C.C., on June 29, 1976, the court ordered that $10,000 be paid to George out of the Unsatisfied Judgment Fund. The Assistant Attorney General for the Unsatisfied Judgment Fund (hereinafter the Fund) appeals from this order, maintaining that George was not a resident of North Dakota at the time of the collision giving rise to his injury and thus, under the provisions of Section 39-17-03, N.D.C.C., is ineligible to recover from the Fund.
In its findings of fact relating to the order appealed from, the court specifically found that George was a North Dakota resident on the date he was injured. This issue had been submitted to the court on the basis of affidavits--one by Thomas W. Robb, Assistant Attorney General for the Fund, and two by the claimant, George.
The affidavit of Mr. Robb, in pertinent part, reads:
"1. At the time of the accident, August 30, 1974, plaintiff was holding a Minnesota operators permit number G620-760-128-711.
"2. Plaintiff's vehicle was registered in Minnesota bearing Minnesota license plates number PFA 3388 for 1974.
"3. Plaintiff was apprehended May 24, 1975, on an open container charge and at that time he was carrying the same Minnesota drivers license and his car was registered in Minnesota bearing 1975 Minnesota license plates number FU 2911.
"4. At the time of the accident, Mr. George was registered as a non-resident student at the Valley City State Teachers College.
"5. Approximately two weeks after the accident, September 13, 1974, plaintiff petitioned for and was accepted as a North Dakota resident at said college.
"6. There is no record of Mr. George ever having paid North Dakota State income taxes."
[251 N.W.2d 745]
Mr. George stated in his affidavit that in September, 1972, he moved to Valley City, North Dakota from Braham, Minnesota, and that he was employed in Valley City and also took classes at Valley City State College from that time until June, 1973. He stated that from that time until September, 1973, he traveled in the upper midwest installing silos, and that he returned to Valley City that September, at which time it became his specific intent to become a North Dakota resident. He said that he lived in Valley City from that time on, being enrolled at Valley City State College until June, 1974. He was employed in Valley City during the summer of 1974 and was so employed at the time of his injury on August 30th of that year.
George's affidavit stated that he requested residence status for tuition purposes prior to the collision, which status was granted when classes resumed a short time after the collision.1 He said that he voted as a resident of North Dakota in 1972 and 1974 and filed State and Federal income tax returns as a North Dakota resident commencing in 1973. In a subsequent affidavit, he stated that the first affidavit was incorrect in that he did not file a North Dakota income tax return in some of the years mentioned, as he did not earn sufficient money to require it, but that he did file Federal returns as a North Dakota resident and believes he did receive a tax refund from North Dakota in one unspecified year. He also stated he was in possession of a North Dakota resident fishing license at the time of the injury. He admitted he had Minnesota license plates on his automobile on August 30, 1974, as he had purchased the car just two weeks before in Moorhead, Minnesota, and the accident occurred before he had an opportunity to register it in North Dakota. He admitted having a Minnesota driver's license at that time, but attributes this to inadvertence.
The controlling North Dakota statute on the issue of residence reads, in part:
"Every person has in law a residence. In determining the place of residence the following rules shall be observed:
"l. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose;
"2. There can be only one residence;
"3. A residence cannot be lost until another is gained.
"7. The residence can be changed only by the union of act and intent."
§ 54-01-26, N.D.C.C.
Various acts, including those mentioned by both parties in their affidavits, may be construed to establish or disprove residency. Many such acts and their ramifications are quite thoroughly discussed in State v. Moodie, 65 N.D. 340, 258 N.W. 558 (1935), a case of very great moment in this State, as it resulted in the removal of a Governor for failure to meet the residency requirements for that office. We note, for instance, that in Moodie the court placed great emphasis on the act of voting, though not deeming it conclusive on the issue of residence. Id. at 258 N.W. 563-564.
A person's residence is a question of fact. State v. Moodie, supra. The Fund recognizes this, but maintains in its brief that "The preponderance of the evidence indicates that Scott C. George was not a North Dakota resident at the time of his injuries ..."
Our standard of review of a district court's finding of fact is not, however, a redetermination of the weight of the evidence. Preponderance of the evidence is not what we seek to find. We are limited by Rule 52(a), N.D.R.Civ.P., to setting aside a finding of fact only when it is clearly erroneous.
A reading of that Rule, which begins "In all actions tried upon the facts without a jury...," indicates to us that it should apply to an order directed to the State Treasurer requiring him to pay
[251 N.W.2d 746]
the amount of the judgment out of the Unsatisfied Judgment Fund pursuant to Section 39-17-05, N.D.C.C. See 5A Moore's Federal Practice ¶ 52.03, at 2665-2672 (2d. ed. 1975).
We have often stated that a finding of fact is clearly erroneous only when, although there is some evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been made; and that the mere fact that the appellate court might have viewed the facts differently, if it had been the initial trier of the case, does not entitle it to reverse the lower court. E.g., Mattco, Inc. v. Mandan Radio Ass'n, Inc., 246 N.W.2d 222 (N.D.1976); Berry-Iverson Co. of North Dakota v. Johnson, 242 N.W.2d 126 (N.D.1976); Larson v. Larson, 234 N.W.2d 861 (N.D.1975).
We conclude that the findings of the trial court are not clearly erroneous and accordingly that the claimant proved sufficient union of act and intent to establish his residence for the purposes of applying the Unsatisfied Judgment Fund to his claim.
For the reasons stated in this opinion, the order appealed from is affirmed.
Ralph J. Erickstad, C.J.
William L. Paulson
Paul M. Sand
Vernon R. Pederson
1. We note that the general statutory standards for determining residence are not applied in determining residence for tuition purposes in North Dakota. Section 15-10-19, N.D.C.C.
Off on Their Horizon, North Dakota Farmers See Little but Disaster
By MICHAEL JANOFSKY
Published: April 24, 1997
FARGO, N.D., April 23— In a normal year, this is when most North Dakota farmers are planting the wheat, soybeans, potatoes and sugar beets that make agriculture by far the state's leading industry.
But this year has been anything but normal. For those tending the state's 31,000 farms -- raising cattle in the west or crops in the east -- the winter was the worst in memory. The snows that fell, and the floods they spawned, will cost farmers in the state tens of millions of dollars and drive some of them out of business.
The unrelenting storms of recent months brought as much as 117 inches of snow to some areas of North Dakota, three times the average, and this week floods reached historic levels along the Red River Valley, which, with nearly 40 percent of the state's 641,000 residents, is its most populous region.
Terry Compson, a farmer who lives south of here in the town of Horace and raises crops on 4,000 acres at 25 sites throughout the southeastern corner of the state, looked out the other day across water stretching to the horizon in some directions, and said, ''I hope I can get in by mid-May.''
The weather has been acutely hard on cattle ranchers as well, many of whom watched helplessly as their herds, blinded by snowstorms, wandered off and froze to death. State officials said a blizzard that swept across North Dakota in early April, the last of more than a dozen winter storms this season, brought the number of cattle lost to as many as 155,000, about a tenth of all the state's livestock.
Mr. Compson, 51, a farmer for all his adult years, saved his home in Horace through lessons learned in the region's last major flood, in 1979, when water came within nine inches of the foundation. He built berms around the property after that flood, and this spring they have kept out the rising waters of the Red River, as well as the smaller Sheyenne and Wild Rice Rivers, which run nearby.
But his farmlands are another story. ''I haven't even been able to look at all my fields,'' he said. ''The roads to reach them are still under water.''
Like many other farmers, Mr. Compson alternates his crops, planting wheat on acreage used the year before for soybeans, and vice versa. But now the flood has thrown his planned rotation into chaos: he has no idea when any of his fields will be suitable for seeding.
''So many times on a farm you come close and you work so hard, only to lose it,'' he said. ''We've gotten through hail, floods, grasshoppers, droughts, but you still get that pit in your stomach, wondering how you're going to pay the bills.''
Photo: Terry Compson, a farmer in the Red River Valley, looks out across water stretching into the distance, still hopeful he can plant by mid-May. (Dan Koeck for The New York Times) Map of North Dakota highlighting Horace: Like farmland all along the river, fields around Horace are flooded.
You can read the full story at
PLEASE CONTACT ME IF YOU RECOGNISE ANY OF THESE PEOPLE
Permanent Minutes Page No. 319
BOARD OF CITY COMMISSIONERS
Fargo, North Dakota
Regular Meeting: Monday: December 14, 2009:
aa. One-year extensions of farm lease agreements with Larry Richard, Terry and Kay
Compson and Claude Richard for 2010.
Commission Minutes--January 20, 2004 2 6 91
REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS
JANUARY 20, 2004 (TUESDAY)
9. LEASE ON FLOOD LOT, Agreement with Terry and Kay Compson
Mr. Meyer moved and Mr. Wagner seconded to authorize the chair to sign
a lease of property agreement with Terry and Kay Compson, 4830 174th
Avenue SE, Horace, North Dakota, for county-owned land in Stanley
Township. On roll call vote, the motion carried unanimously.
On November 9, 1998, Cass County Commissioners, Robbie Quick and Keith Berndt, and engineer, Jeff Volk, met with Mich Pflugrath and Terry Compson from the Citizens Group to tour the dike area. We "agreed to disagree" on the flood level increases. For the first time, Mr. Volk stated the flood plan impact would be zero to two inches for both the Red River and the Wild Rice River, different from the zero to five inches he stated in the Mitigation Plan study. He agreed to send us hydraulic data supporting his position. By the end of the meeting, Mrs. Quick agreed that a second opinion engineering study was needed.
Debra Ann Miemietz Compson Class of 1974
Valley City High School
Valley City, North Dakota, United States