Montgomery v. Culton

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

<p>Where a question of fact, has been fairly submitted to a jury, on conflicting evidence, this court will not disturb a judgment rendered in accordance with the verdict, although the evidence would, perhaps, have warranted a verdict on either side.</p> <p>In such case, this court cannot say, that the credibility and weight of the testimony have not been properly determined by the jury.</p>

Cited by 1 later decisions — most recently June 1880

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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Roberts, J.

¶1The questions of law were settled in this case when here before. (18 Texas Rep. 736.) The point upon which it was remanded was one of fact, contained in the plea setting up fraud in the allowance of the account by the executor. This .was fairly submitted to the jury by the court below, and under *157conflicting evidence, they found a verdict for defendant in error, who was plaintiff below. The evidence would, perhaps, have been sufficient to have warranted a verdict on either side. We cannot say that the credibility and weight of the testimony have not been properly determined by them.

¶2Judgment affirmed.