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2 Cal. 423

Davis v. Smith

California Supreme Court

Decided October 15, 1852

California Supreme Court · decided 1852-10-15

<p>Where the evidence is. conflicting, and might have warranted a verdict on either side, it is not the province of the Court to disturb the finding.</p>

Cited by 1 later decisions — most recently October 1970

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-10-15

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¶1The opinion of the Court was delivered by

Heydenfeldt, Justice.

¶2This was an appeal from a refusal to grant a new trial. The evidence is conflicting, and might have warranted, a verdict on either side. It is in such cases not the province of the Court to disturb the finding. It is presumed that the jury or the Court had good reasons for giving more credence to the witnesses of the successful party.

¶3Judgment is affirmed, with costs.

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