Goset v. Goset
Supreme Court of Arkansas
Appeal from Scott Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. The appellant filed her petition in the probate court of Scott County against appellee as the administrator of the estate of John Goset, deceased, for an allotment of dower out of that estate. The answer denied that the appellant was the widow of John Goset; denied that she was lawfully married to John Goset, as alleged in her petition.
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Appeal from Scott Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. The appellant filed her petition in the probate court of Scott County against appellee as the administrator of the estate of John Goset, deceased, for an allotment of dower out of that estate. The answer denied that the appellant was the widow of John Goset; denied that she was lawfully married to John Goset, as alleged in her petition. On appeal to the circuit court the cause was tried before the court sitting as a jury, and after hearing the evidence the court found as follows: 44That the petitioner herein, Lucretia…
1Opinion of the Court
Wood, J.,
(after stating the facts). Where there is substantial evidence to sustain the findings of fact by the trial court sitting as a jury, such findings will not be disturbed. Stiewell v. American Surety Co., 70 Ark. 512.
It is the long established rule, and consistently followed by this court, not to disturb the finding of a jury, or a trial court sifting as a jury, on issues of fact based upon legally sufficient evidence, and it is the duty of the appellate court in passing upon the issue of fact to indulge the strongest inference in favor of the finding that the evidence will warrant.…
2Cases cited9 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Jones v. JonesSupreme Court of Arkansas · 1872
- Cash v. CashSupreme Court of Arkansas · 1899
- Williams v. Board of Directors of Carden's Bottom Levee District No. 2Supreme Court of Arkansas · 1911
- Glasscock v. National Box Co.Supreme Court of Arkansas · 1912
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3Cited by14 opinions
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- International Harvester Co. of America v. LaytonSupreme Court of Arkansas · 1921
- Johnson v. JohnsonSupreme Court of Alabama · 1944
- Smiley v. SmileySupreme Court of Arkansas · 1970
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