(Download) "Lake v. Webber" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Lake v. Webber
- Author : Supreme Court of Montana
- Release Date : January 14, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. Appeal and error ? Substantial evidence rule ? Supreme Court will not interfere. The Supreme Court cannot interfere with findings of the trial court or with judgment based on findings where there is substantial evidence in the record supporting the findings, even though there is a substantial conflict in the evidence. 2. Deeds ? Competency and undue influence. In an action to cancel a deed and bill of sale given by plaintiffs decedent to defendant, the evidence sustained the finding that decedent at the time of signing the instruments was mentally competent and had not been induced by defendant and defendants wife to execute the instruments by undue influence. 3. New trial ? No new trial unless evidence contrary to physical facts. A new trial would not be granted because of weakness of the evidence of the successful party, where the evidence of the party, although contradictory, was not contrary to physical facts or inherently improbable or unworthy of belief and there was evidence from other witnesses sufficient to sustain findings and judgments. 4. Trial ? Party not concluded by inadequacy of his own testimony. If other evidence supports a party, he is not concluded by the inadequacy of his own testimony in its weaker aspect. 5. Trial ? Viewing evidence in favorable light. In determining whether the evidence is sufficient for jury, a party is entitled to have the evidence viewed in the light most favorable to him where there is a conflict in the evidence arising from discrepancies between the testimony of his own witnesses.
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