Gover v. Williams

Court of Appeals of Kentucky

Gover v. Williams

179 S.W. 1047, 167 Ky. 56, 1915 Ky. LEXIS 790

DecidedNovember 24, 1915

StatusPublished

This text of 179 S.W. 1047 (Gover v. Williams) 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

Gover v. Williams, 179 S.W. 1047, 167 Ky. 56, 1915 Ky. LEXIS 790 (Ky. Ct. App. 1915).

Pincite

Opinion

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Plaintiff, B. G. Gover, rented from the defendant, Mrs. Bettie Williams, her farm, consisting of about 235 acres, located in Lincoln county, for the years 1910,1911 and 1912. By an agreed judgment entered in the Lincoln Circuit Court, the rental contract was terminated and defendant given possession of her farm on December 31, 1911. Plaintiff brought this action against the defendant to recover the sum of $977.67, subject to a credit of $165.93. His petition is in eight paragraphs and each paragraph contains a number of items. Defendant filed an answer and counter-claim containing twenty-one para[57]*57graphs, denying the allegations of the petition, and asking judgment on divers claims, aggregating $2,197.53, subject to a credit of $601.35, leaving due her an alleged balance of $1,596.18. The case was referred to the Master Commissioner to hear proof and settle the accounts between the parties. The commissioner made a report, to which plaintiff filed numerous exceptions. On the hearing by the chancellor, the exceptions were overruled and the report confirmed. Judgment was then entered in conformity with the report in favor of the defendant. Plaintiff appeals.

We have carefully considered the evidence. In every instance it is conflicting. With but few exceptions, plaintiff and defendant are the only witnesses, and he testifies one way while' the defendant testifies the other. The case is one, therefore, where the commissioner and chancellor believed one witness rather than another. In cases where the evidence is conflicting and upon consideration of the whole case the mind is left, in doubt, and this court cannot determine with reasonable certainty, that the chancellor has erred, it is our rule not to disturb his finding. Rawlings v. Fish, 151 Ky., 764, 152 S. W., 941; Wilson v. Ward, 151 Ky., 233, 151 S. W., 353; City of West Covington v. Dods, 152 Ky., 617, 153. S. W., 964. Clearly the case is one calling for the application of the above rule.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Plaintiff, B. G. Gover, rented from the defendant, Mrs. Bettie Williams, her farm, consisting of about 235 acres, located in Lincoln county, for the years 1910,1911 and 1912. By an agreed judgment entered in the Lincoln Circuit Court, the rental contract was terminated and defendant given possession of her farm on December 31, 1911. Plaintiff brought this action against the defendant to recover the sum of $977.67, subject to a credit of $165.93. His petition is in eight paragraphs and each paragraph contains a number of items. Defendant filed an answer and counter-claim containing twenty-one para[57]*57graphs, denying the allegations of the petition, and asking judgment on divers claims, aggregating $2,197.53, subject to a credit of $601.35, leaving due her an alleged balance of $1,596.18. The case was referred to the Master Commissioner to hear proof and settle the accounts between the parties. The commissioner made a report, to which plaintiff filed numerous exceptions. On the hearing by the chancellor, the exceptions were overruled and the report confirmed. Judgment was then entered in conformity with the report in favor of the defendant. Plaintiff appeals.

We have carefully considered the evidence. In every instance it is conflicting. With but few exceptions, plaintiff and defendant are the only witnesses, and he testifies one way while' the defendant testifies the other. The case is one, therefore, where the commissioner and chancellor believed one witness rather than another. In cases where the evidence is conflicting and upon consideration of the whole case the mind is left, in doubt, and this court cannot determine with reasonable certainty, that the chancellor has erred, it is our rule not to disturb his finding. Rawlings v. Fish, 151 Ky., 764, 152 S. W., 941; Wilson v. Ward, 151 Ky., 233, 151 S. W., 353; City of West Covington v. Dods, 152 Ky., 617, 153. S. W., 964. Clearly the case is one calling for the application of the above rule.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

179 S.W. 1047, 167 Ky. 56, 1915 Ky. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gover-v-williams-kyctapp-1915.

Opinion

Related

Cite This Page — Counsel Stack