Davis v. Steinberger's Admr.

Court of Appeals of Kentucky

Davis v. Steinberger's Admr.

3 Ky. Op. 504, 1869 Ky. LEXIS 503

DecidedNovember 27, 1869

StatusPublished

This text of 3 Ky. Op. 504 (Davis v. Steinberger's Admr.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Steinberger's Admr., 3 Ky. Op. 504, 1869 Ky. LEXIS 503 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

The testimony is vexatiously conflicting on the decisive question of identity. That of Hall who raised the appellee’s mule and of Zimmerman who sold it to Steinberger,' is so positive and explicit as to its peculiar identifying marks, as to incline the preponderance in the appellee’s favor. But however this may be, there is such an apparent diversity as not to allow this court to disturb the verdict of twelve jurors who saw and heard the witnesses. Wherefore the judgment is affirmed.

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Opinion of the Court by

Judge Robertson:

The testimony is vexatiously conflicting on the decisive question of identity. That of Hall who raised the appellee’s mule and of Zimmerman who sold it to Steinberger,' is so positive and explicit as to its peculiar identifying marks, as to incline the preponderance in the appellee’s favor. But however this may be, there is such an apparent diversity as not to allow this court to disturb the verdict of twelve jurors who saw and heard the witnesses. Wherefore the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 504, 1869 Ky. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-steinbergers-admr-kyctapp-1869.