Mitchell, Vance & Co. v. Dallas City Gas Light Co.

Court of Appeals of Texas

Mitchell, Vance & Co. v. Dallas City Gas Light Co.

1 White & W. 52

Court of Appeals of Texas·Decided February 9, 1881·No. No. 739, Op. Book No. 3, p. 485·Published

Opinion

Opinion by

Hurt, J.

§ 133. Finding of facts by a judge. The finding of the facts in a case by the court is as conclusive, and will be regarded in the same way, as the verdict of a juiy; and it is well settled that an appellate court will not set aside a verdict unless it clearly appears to be wrong, where the evidence is conflicting. [Stroud v. Springfield, 28 Tex. 649; Gammage v. Traiwick, 19 Tex. 64; Oliver v. Chapman, 15 Tex. 401; Tuttle v. Turner, 28 Tex. 775; Briscoe v. Bronaugh, 1 Tex. 340; Edrington v. Kiger, 4 Tex. 89; Tarkinton v. Broussard, 51 Tex. 550.]

Affirmed.

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Opinion by

Hurt, J.

§ 133. Finding of facts by a judge. The finding of the facts in a case by the court is as conclusive, and will be regarded in the same way, as the verdict of a juiy; and it is well settled that an appellate court will not set aside a verdict unless it clearly appears to be wrong, where the evidence is conflicting. [Stroud v. Springfield, 28 Tex. 649; Gammage v. Traiwick, 19 Tex. 64; Oliver v. Chapman, 15 Tex. 401; Tuttle v. Turner, 28 Tex. 775; Briscoe v. Bronaugh, 1 Tex. 340; Edrington v. Kiger, 4 Tex. 89; Tarkinton v. Broussard, 51 Tex. 550.]

Affirmed.

Mitchell, Vance & Co. v. Dallas City Gas Light Co., 1 White & W. 52 (Tex. Ct. App. 1881).

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1 White & W. 52 (Mitchell, Vance & Co. v. Dallas City Gas Light Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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