Legal Opinion · Dissent

Schwarting v. Schwarting

North Dakota Supreme Court

Decided August 30, 1984No. Civ. 10610Published

1DissentSand, Justice

I agree that the case presents some difficult equitable principles, but I nevertheless do not agree with the allowance of interest as set out in the majority opinion. In this respect I concur generally in the equitable principles stated in the opinion of Justice Pederson.

After reviewing the annotation in 25 A.L. R.2d 951. (1952 and Later Case Service), Annot. 75 A.L.R. 316 (1931), I am satisfied that the rule attributed to the annotations stated above is too broad and does not reflect the case law cited. Case law set out in the above annotation does not stand for the proposition that the…

2Cases cited8 opinions

  1. Gajewski v. BratcherNorth Dakota Supreme Court · 1974
  2. Texas Co. v. Crown Petroleum Corp.Supreme Court of Connecticut · 1950
  3. Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
  4. Lund v. LarsenSupreme Court of Minnesota · 1946
  5. Schwarting v. SchwartingNorth Dakota Supreme Court · 1981

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