Nickel v. Black

{dissenting). I think the finding of the trial judge that $500 in cash was paid by the defendant Mrs. Black on October 1st is contrary to the great weight and clear preponderance of the evidence, and that judgment should have been entered for foreclosure of the mechanic’s lien as prayed by the complaint.

The opinion of the court is based upon the proposition that the’ credibility of witnesses is solely for the trial judge to determine and that he determined that Mrs. Black’s was more credible than the plaintiff’s and that ended the matter. The rule stated is of course correct when the matter…