Jamieson v. Miller

Decided November 15, 1876

Indiana Supreme Court · decided 1876-11-15

<p>Practice.—Supreme Court.—Preponderance of Evidence.—Where, on appeal to the supreme court from a judgment rendered against the appellant, the evidence clearly demonstrates that he ought to recover, such judgment will be reversed.</p>

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Decided 1876-11-15

How this case has been cited

Cited by 6 later decisions — most recently August 1968

6 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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Perkins, J.

¶1This cause was tried by the court, resulting in a finding for the defendant.

¶2The plaintiff filed a motion for a new trial, alleging but a single cause, viz.: “because the judgment of the court is not sustained by the evidence.” .

¶3The motion was overruled, exception, judgment, and an appeal taken to this court, and the overruling of the motion for a. new trial is assigned as error here.

¶4The evidence is in the record. That given by the plaintiff makes out his case, and its force is but slightly, if at all, weakened by the eyidence on the part of the defence. There is no real conflict in the evidence. We think the *333judgment so clearly against the evidence, that it is our duty to reverse it on this ground.

¶5Reversed, with costs, and remanded for a new trial.