Froemke v. Hauff

I concur in the result reached by the majority in this case. I also concur in all of the syllabi except syllabus 3, which I feel settles an issue not before us in this case. Section 101 of the North Dakota Constitution provides that “every point fairly arising upon the record of the case shall be considered and decided, and the reasons therefor shall be concisely stated * * This section was construed in Heald v. Strong, 24 N.D. 120, 138 N.W. 1114, where it was held:

* * * not to require a literal compliance therewith. A point fairly arising upon the record, within the meaning of said section,…