Fortman v. Manthey

When a case which has been tried to a court without a jury is appealed to this Court, the appellant can claim that either (1) one or more of the findings of fact are clearly erroneous [Rule 52a, N.D.R.Civ.P.], or (2) the trial court erroneously applied the law.

Although a motion to amend the findings under Rule 52(b), N.D.R.Civ.P., is not a prerequisite to appellate review [5A Moore’s Federal Practice, ¶ 52.11(4)] and the burden is not on the appellant to request specific findings [Finney v. Arkansas Board of Correction, 505 F.2d 194 (8th Cir. 1974)], there are contrary holdings and many…