Epletveit v. Solberg

I recognize the futility of dissenting opinions, and hesitate to uselessly encumber the already over-stuffed reports. Nonetheless, I must refuse to’ surrender my convictions, or to sub scribe, as a measure of expediency, to a judgment ■with which I thoroughly disagree and which I believe ill-considered.

I agree, of course, with the abstract principles expounded in the opinion, but must insist their inapplicability to the facts. The findings of the trial court (historically and popularly supposed to be the trier of facts and weigher of evidence in such cases) are amply supported by the…