Nicholas v. Nicholas
This text of 15 N.W. 64 (Nicholas v. Nicholas) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The view to be taken of this case depends exclusively on the testimony, and it would serve no useful purpose to write out a discussion on it. Scattered through the large record there are many traces of truth and of untruth, and numerous instances of coloring and of exaggeration. There is much to believe and much to disbelieve, and the case is one of those where the decision of the judge exercising primary jurisdiction on matters of fact ought not to be overruled by a court of appeal except upon clear and satisfactory grounds. The. appellate tribunal ought to be fully persuaded that it must have reached a different conclusion had it occupied the position of the court appealed from and been favored with all the advantages of that court for judging rightly.
Acting on this idea of what is proper it is our duty to affirm the decree.
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Cite This Page — Counsel Stack
15 N.W. 64, 50 Mich. 162, 1883 Mich. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-v-nicholas-mich-1883.