Smith v. Smith

Supreme Court of Connecticut

Smith v. Smith

89 A. 892, 88 Conn. 729, 1914 Conn. LEXIS 99

DecidedMarch 5, 1914

StatusPublished

This text of 89 A. 892 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 89 A. 892, 88 Conn. 729, 1914 Conn. LEXIS 99 (Colo. 1914).

Pincite

Opinion

Per Curiam.

The court found all the allegations of the complaint proven, except those which stated that the eighty-four shares of stock were the property of the plaintiff and that they were held by Edward W. Smith in trust for her. These allegations the Superior Court found were not established by the evidence.

The plaintiff contends that this conclusion was not warranted by the evidence, which has been made a part of the record under § 797 of the General Statutes. The .burden of establishing these allegations rested upon the plaintiff. _ The. trial, court has found that the shares of. *730 stock did not belong to the plaintiff, and that they were never held in trust for her by Edward W. Smith when he was living. These questions of fact were the controlling issues presented to the trial court, and an examination of the evidence shows that it could have reasonably reached the conclusion complained of by. the plaintiff.

The motion to correct is denied. It follows that the judgment of. the. court. adverse to. the plaintiff was correct.

There is no error.

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Per Curiam.

The court found all the allegations of the complaint proven, except those which stated that the eighty-four shares of stock were the property of the plaintiff and that they were held by Edward W. Smith in trust for her. These allegations the Superior Court found were not established by the evidence.

The plaintiff contends that this conclusion was not warranted by the evidence, which has been made a part of the record under § 797 of the General Statutes. The .burden of establishing these allegations rested upon the plaintiff. _ The. trial, court has found that the shares of. *730 stock did not belong to the plaintiff, and that they were never held in trust for her by Edward W. Smith when he was living. These questions of fact were the controlling issues presented to the trial court, and an examination of the evidence shows that it could have reasonably reached the conclusion complained of by. the plaintiff.

The motion to correct is denied. It follows that the judgment of. the. court. adverse to. the plaintiff was correct.

There is no error.

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Bluebook (online)

89 A. 892, 88 Conn. 729, 1914 Conn. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-conn-1914.