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20 Ind. 442

Swails v. McFadden

Indiana Supreme Court

Decided May 15, 1863

Indiana Supreme Court · decided 1863-05-15

<p>APPEAL from the Marion Circuit Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1863-05-15

How this case has been cited

Cited by 3 later decisions — most recently November 1905

3 state decisions

1018631870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The appellee, who was the plaintiff, sued Sioails before a justice of the peace, for professional services as an attorney at law. The justice gave judgment in favor of the plaintiff for 15 dollars; and the defendant appealed. In the Circuit Court the issues were tried by the Court, who found for the plaintiff. New trial refused and judgment.

¶2The only ground assumed by the plaintiff for a reversal is, that the finding of the Court was unsustained by the evidence. The evidence is upon the record, and we have carefully examined it. There is one witness, the plaintiff himself, who testifies positively to his employment as an attorney by the defendant; to the services rendered under such employment, and to the value of them; still the evidence is very conflicting; but it was for the Court, sitting as a jury, to reconcile the conflict, and having done so, we are not inclined to disturb its conclusions.

¶3The judgment is affirmed, with five per cent, damages and costs.

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