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80 Ind. 130

Johnson v. Burns

Indiana Supreme Court

Decided November 15, 1881

Indiana Supreme Court · decided 1881-11-15

<p>Stjp'keme Cotikt.— Weight of Evidence. — Burden of Proof. — The Supreme-Court will not review the finding upon a question of fact, if supported by-circumstantial evidence, though it be against the direct testimony of a number of witnesses, especially if the burden of proof was on the appellant..</p>

Cited by 1 later decisions — most recently May 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-11-15

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Woods, J.

¶1— The appellant filed a claim against the appellee as administrator of the estate of Mary Ayers, for alleged services as an attorney in the defence of her son, against a charge of murder. The court refused to allow the claim, and the appellant insists that the decision is contrary to the evidence.

¶2There was the direct testimony of four witnesses, including-the appellant, who was called by the court, tending strongly to establish the claim; but there was very strong circumstantial evidence to the contrary. The settled practice of this court is not to reconsider the findings of the nisi prius courts upon questions of fact, if there is in the record any evidence which fairly tends to support the finding, and especially must this be so where the decision is against the party which had the burden of the issue.

¶3Judgment affirmed, with costs.

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