Legal Opinion · Dissent

Whitworth v. Krueger

Idaho Supreme Court

Decided December 28, 1976No. 12041Published

1DissentBistline, Justice

Shakespeare might lay out the plot for this litigation in two lines:

(Whitworth): I fear that thou has sold off cattle mine.

(Cammack): Pear not, the court may yet make Krueger’s thine.

The Court, bedazzled by the titanic beauty of “The Code,” should observe itself to be playing the role of Bottom the Weaver. The Kruegers’ cows are to be awarded to Whitworths because, it is said, such a result is required by the law. I fear that Mr. Bumble, in his monthly law commentaries, will again find reason to say, “The law is an ass.” For what the majority does today is to reach a decision that would have…

2Cases cited14 opinions

  1. Graves v. CupicIdaho Supreme Court · 1954
  2. In the Matter of Middle Atlantic Stud Welding Co., Bankrupt. Appeal of Tru-Fit Screw Products CorpCourt of Appeals for the Third Circuit · 1974
  3. John J. Rooney, Trustee in the Matter of James Bernard Johnson and Dolores June Johnson, Bankrupts v. Thomas F. Mason and Doris G. MasonCourt of Appeals for the Tenth Circuit · 1968
  4. International Harvest. Cr. v. American Nat. Bk.Supreme Court of Florida · 1974
  5. United States v. Mid-States Sales CompanyDistrict Court, D. Nebraska · 1971

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