Johnson v. Kittleson

I am unable to agree with the disposition made of this case or the grounds on which the majority members base their decision. This case was one properly triable to a jury. It was so tried. This court reviews only the errors assigned upon the proceedings had in the trial court. N. D. Const. § 86; Thompson v. Cunningham, 6 N. D. 430, 71 N. W. 128; State v. Knudson, 21 N. D. 562, 132 N. W. 149; Erickson v. Wiper, 33 N. D. 193, 225, *96157 N. W. 592. And the appellant bas tbe burden of proving error, and must present a record affirmatively showing it. Erickson v. Wiper, supra.

In this case there was no…