Mitchell v. Tolley

Supreme Court of Kansas
Mitchell v. Tolley, 4 Kan. 177 (Kan. 1867)
King, Man, Tbe

Mitchell v. Tolley

Opinion of the Court

By the Court,

King-man, C. J.

There is no question of law raised in this case, save the refusal of the court below to grant a new trial.

It was an action on an account. The testimony, as shown in the record, was conflicting and irreconcilable. The plaintiff proved his claim in full, and that it was not paid.

The defendant proved that it was paid in full. The jury were the proper- tribunal to weigh the evidence, and upon principles of law so well established, and so *178familiar, as to need no elucidation from. us. Tire court below very properly refused to disturb tbe result of tbeir inquiry.

Judgment affirmed.

All tbe justices concurring.

Reference

Full Case Name
David H. Mitchell v. Peter Tolley
Cited By
1 case
Status
Published
Syllabus
An order, of the court below, refusing to grant a new trial, on a verdict where the evidence is conflicting and irreconcilable, will not be disturbed.*