North Dakota Supreme Court January 6, 1912 (State ex rel. Poole v. Peake)

lead-opinion

Bisk, J.

While fully realizing that we are in no manner responsible either for the facts or the law which must control in disposing of this appeal, the duty which has been assigned the writer of giving expression to the view of the court is not a pleasant one, owing to the nature of the litigation, and more especially in view of the fact that our conclusion does not coincide with the