Duteau v. Barto
Duteau v. Barto
Opinion of the Court
This action was commenced by Joseph Duteau against George M. Godfrey and Lee Melleur, to recover $1,263, less $186.20 paid, for services rendered by the
No question of law is raised on this appeal, appellants’ controlling contention being that the findings and judgment are not supported by the evidence. We have repeatedly said that, when a trial judge has tried an issue of fact, has seen the witnesses, heard them testify, has been in a position to pass upon their credibility, and has on conflicting evidence made findings of fact, this court will not, on a trial de novo, disturb such findings, unless they are clearly unsupported by the weight of competent evidence. Having carefully read the entire record, we have concluded that the evidence, although conflicting, is amply sufficient to sustain each and all of the findings made, and the judgment entered thereon.
The judgment is affirmed.
Reference
- Full Case Name
- Joseph Duteau v. R. W. Barto, as Administrator of the Estate of George M. Godfrey
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Appeal — Review—Findings. Findings upon conflicting evidence where the trial judge saw and heard the witnesses, will not be disturbed on appeal, unless clearly unsupported by the weight of competent evidence.