Discover Bank v. Hornbacher

Summary

The North Dakota Supreme Court held that a stipulation consenting to entry of judgment was contractual in nature and plainly authorized Discover Bank to obtain judgment by affidavit. The court distinguished entry of judgment from post-judgment execution and reversed and remanded for entry of judgment.

Holdings

1. The stipulation was contractual because it resolved the merits of the case and affected the subject matter of the lawsuit.
2. The stipulation required entry of judgment for the specified amount, less payments made, without requiring a default under the payment schedule.

Questions Presented

1. Whether the stipulation required the district court to enter judgment immediately, or instead barred Discover from seeking judgment until Hornbacher defaulted on the agreed payment schedule.
2. Whether the district court properly construed the stipulation and applied North Dakota execution law.

Disposition

reversed_and_remanded