Davidson v. Colburn

Decided April 30, 1894

Appellate Court of Illinois · decided 1894-04-30

<p>1. Appellate Court Practice.—Preponderance of Evidence.—The Appellate Court does not reverse judgments merely because it does not agree with the court below as to where the preponderance of the evidence lies.</p>

Good law ✅— No negative treatment on recordhow we know

and affirmed · Decided 1894-04-30

How this case has been cited

Cited by 9 later decisions — most recently March 1937

9 state decisions

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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Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2The question in this case is entirely one of fact. The writer of this opinion is inclined to believe that the preponderance of the evidence is in favor of appellee. (The other members of the court think otherwise.). This court does not reverse judgments merely because it does not agree with the court below as to where the preponderance of the evidence lies.

¶3After a careful examination of the record, we see no sufficient reason for interfering with the judgment rendered in this canse, and it is affirmed.