Stanley v. Stanley

I concur in the results. It would perhaps be well if we fastened upon an accurate and consistent expression of the judicial policy of this court in the review of equity cases. The Constitution of Utah, Art. VIII, Sec. 9, not only gives us authority but makes it our duty to review the facts. This has been construed to mean that we review and weigh the evidence as it appears in the record. Lund v. Howell, 92 Utah 232, 67 P. 2d 215 (followed in Id., 92 Utah 250, 67 P. 2d 223) ; Christenson v. Nielsen, 88 Utah 336, 54 P. 2d 430, 432 (where this court held that in an equity case the appellate…