Catlin v. Moynihan

Supreme Court of Colorado
Catlin v. Moynihan, 230 P. 1114 (Colo. 1924)
76 Colo. 164; 1924 Colo. LEXIS 496
Whitford

Catlin v. Moynihan

Opinion of the Court

Mr. Justice Whitford

delivered the opinion of the court.

A verdict for $50 was directed by the court against the plaintiff in error as garnishee. After the evidence was all in and both plaintiff and defendant had rested, each side requested the court to direct a verdict in his favor. We said, in Auto Co. v. Petter, 72 Colo. 570, 212 Pac. 823, that “a request by each party for a directed verdict is equivalent to a stipulation that the facts may be found by the court. The court’s finding, thereupon made, is conclusive if there is evidence to support it.” There was some conflict in the testimony, but there was abundant evidence to justify the. finding in favor of plaintiff below.

*165 We find no reversible error in the record. Supersedeas denied, judgment affirmed.

Mr. Justice Allen, sitting for Mr. Chief Justice Teller, and Mr. Justice Denison concur.

Reference

Full Case Name
Catlin, Et Al. v. Moynihan, Deputy Bank Commissioner Et Al.
Cited By
4 cases
Status
Published