North Dakota Supreme Court November 3, 1980, Civ. No. 9769 (State ex rel. Hjelle v. A Motor Vehicle Described as a 1973 Brockway Tractor License No. 237342, Serial No. 79629, Trailer SN 75-2531-LB-150)

SAND, Justice.

The defendant truck appealed from a judgment resulting from an action brought pursuant to Chapter 39-12, North Dakota Century Code, by the State of North Dakota on relation of the Highway Commissioner, to recover charges for the extraordinary use of a highway by a vehicle exceeding the legal weight requirements.

On 23 May 1979 at approximately 9 o’clock a.m.