Silseth v. Levang

I concur in the result reached by the majority.

However, since I feel that Rule 52(a), N.D.R.Civ.P., is being misapplied with respect to our review in certain divorce matters, I feel compelled to lodge a protest at this point.

In the case of Ferguson v. Ferguson, 202 N.W.2d 760 (N.D.1972), we held, at paragraph 3 of the syllab.us:

“Findings that a party to a divorce action has committed adultery, that the best interests of the children of the parties to a divorce action would be served by awarding custody of the children to one party as opposed to the other, and that a particular division of…