Brownell v. Heitman

When an action is tried by the court without the assistance of a jury, the findings of fact made by the court are deemed a verdict, and may be set aside in the same manner and for the same reasons : Or. L., § 159, and the many local cases there cited. However, if sustained by competent evidence, findings of fact cannot be set aside on appeal: Warren v. Dinwoodie, 88 Or. 342 (171 Pac. 1175). In other words, the trier of the facts is the exclusive judge of the weight of the evidence and the credibility of the witnesses. This is so whether the facts are tried by a jury or by a court without the…