Security National Bank, Edgeley v. Wald

The majority partially relies on part III, of Swenson v. Northern Crop Insurance, Inc., 498 N.W.2d 174, 181-87 (N.D.1993). Although I concur in the result reached by the majority, I write separately to express my view that part III of Swenson was not the opinion of a constitutional majority of this Court.

Swenson was argued on December 16, 1992, and decided on March 24, 1993. The opinion was authored by Ralph J. Erickstad, Surrogate Judge. A footnote states: “Surrogate Judge Ralph J. Erickstad was Chief Justice at the time this case was heard, and served as surrogate judge for this case…