Landsman v. Thompson
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County. The action was tried before McConnell, C. J. Defendant appeals from an order by Blake, C. J., granting a motion for a new trial. It is universally held that where there is a conflict in the evidence the verdict of the jury will not be disturbed; that it is for the jury and not for the court to pass upon the credibility of witnesses and to determine the weight to be given the evidence. (Muskegon Nat.
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Appeal from, First Judicial District, Lewis and Clarice County. The action was tried before McConnell, C. J. Defendant appeals from an order by Blake, C. J., granting a motion for a new trial. It is universally held that where there is a conflict in the evidence the verdict of the jury will not be disturbed; that it is for the jury and not for the court to pass upon the credibility of witnesses and to determine the weight to be given the evidence. (Muskegon Nat. Bank v. N. W. Mut. Life Ins. Co. 19 Fed. Rep. 405; Stutsman v. Burlington & S. Ry. Co. 53 Iowa, 761; McCann v. Meehan, 53 Wis. 541;…
1Opinion of the Court
De "Witt, J.
The complaint alleges that the plaintiffs were in possession of a building of defendant, which they were occupy-. *187ing as a store, in which they had a stock of goods of the value of thirty thousand dollars. They were tenants of defendant under a written lease. That, during said occupation, under the lease, defendant undertook some extensive repairs upon the building, involving a change in the front and the roof. It was, however, with plaintiffs’ consent that the repairs were, made. That in the prosecution of the repairs a portion of the roof and front were remov l. That this was…
Also in this document: Concurrence.
2Cases cited2 opinions
- Blankman v. VallejoCalifornia Supreme Court · 1860
- Chauvin v. ValitonMontana Supreme Court · 1888
3Cited by14 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Murray v. HeinzeMontana Supreme Court · 1895
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
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