Norman v. Smedley

I dissent in this case because there was sufficient evidence produced to make a jury question in an action of ejectment and it would have been error for the trial court to direct a verdict for the plaintiffs. Since the question presented here is one of legal cognizance rather than equitable, we are not permitted to undertake an examination of the record with a view to passing on the weight, value and credibility of the testimony. The inquiry must be confined to ascertaining whether competent evidence adduced, together with all permissible legal inferences to be drawn therefrom, when viewed in…