Woodman v. Dutton

Supreme Court of Iowa

Woodman v. Dutton

10 N.W. 830, 57 Iowa 442

DecidedDecember 15, 1881

StatusPublished

This text of 10 N.W. 830 (Woodman v. Dutton) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woodman v. Dutton, 10 N.W. 830, 57 Iowa 442 (iowa 1881).

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Opinion

Day, J.

i. pkcatice tue court: of evidence, The only point relied upon is that the finding of the court is not sustained by the evidence. The case is one of a clear conflict of testimony. The finding of the court stands as a verdict of a jury, and cannot be disturbed unless so clearly opposed to the evidence as to indicate that it was the result of passion or prejudice rather than of a deliberate and honest weighing of the evidence introduced.

Upon the former appeal, on evidence less satisfactory for the defendant than that now submitted, some of the members of this court were of opinion that the preponderance was in favor of defendant, and would have been better satisfied with the result, if the judgment had been in his favor. We are now united in the opinion that the finding of the court is not wanting in support from the evidence, and that the case is not one which warrants us in disturbing the judgment.

Affirmed.

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Day, J.

i. pkcatice tue court: of evidence, The only point relied upon is that the finding of the court is not sustained by the evidence. The case is one of a clear conflict of testimony. The finding of the court stands as a verdict of a jury, and cannot be disturbed unless so clearly opposed to the evidence as to indicate that it was the result of passion or prejudice rather than of a deliberate and honest weighing of the evidence introduced.

Upon the former appeal, on evidence less satisfactory for the defendant than that now submitted, some of the members of this court were of opinion that the preponderance was in favor of defendant, and would have been better satisfied with the result, if the judgment had been in his favor. We are now united in the opinion that the finding of the court is not wanting in support from the evidence, and that the case is not one which warrants us in disturbing the judgment.

Affirmed.

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Bluebook (online)

10 N.W. 830, 57 Iowa 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodman-v-dutton-iowa-1881.