Preiss v. Severe

The majority today affirms the decision of the trial court in this cause. To the extent that such affirmance upholds the decision of the Territorial Court dismissing the complaint of appellant, I am in full agreement. However, insofar as affirmance sustains the Judgment of the court below on the counterclaim of appellee, I must respectively dissent for I am strongly of the view that a remand for further proceedings is warranted, if not indeed compelled.

My disagreement with the majority opinion is twofold. Firstly, I am of the opinion that there has been a failure to comply with the provisions…