Keneaster v. Vickers

Decided May 15, 1870

Indiana Supreme Court · decided 1870-05-15

<p>SupitEMH *ConRT.—Evidence.—-When the evidence is .conflicting, the finding upon the issues depending upon the credit due to the witnesses, the Supreme Court will not, upon the weight of evidence, disturb the finding.</p>

Cited by 1 later decisions — most recently November 1871

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-05-15

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Erazer, J.

¶1This case is before us upon the evidence, which was very conflicting, the finding upon the issues depending much upon the credit due to the witnesses. It is, therefore, peculiarly a case in which this court cannot disturb the finding. Indeed, we are not prepared to say that *493the weight of the evidence does not appear to sustain that finding.

J. E. McDonald, A. L. JRoache, E. M. McDonald, and «T. W. Mchol, for appellant.A. Gr. Porter, B. Harrison, and W. P. Fishback, for appellee.

¶2Affirmed, with five per cent, damages and costs.