Appellate Court of Illinois, 1917

MacCracken v. First National Bank

Appellate Court of Illinois · Decided February 10, 1917 · Niehaus

204 Ill. App. 20

Opinion of the Court

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

2. Appeal and error, § 1414*—when finding of trial court will not be set aside. The finding of a trial court upon a controverted question of fact, where the evidence was conflicting, is entitled to the same consideration as the verdict of a jury would be under the same circumstances, and a court of review would not be warranted in setting aside such finding unless it is clearly against the weight of the evidence.

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