Gahan v. Hart

Opinion by

MAXEY, C.

There is no very great difficulty in deciding this case. The court has found the facts on each controverted question against the plaintiff in error and, under the rule of this court, that where in an equity case the court makes findings of fact, that it is entitled to the same weight and consideration as the verdict of the jury, and unless the findings of facts are clearly against the weight of the evidence they should not be disturbed; and the same is true of a law case where the case is submitted to the court without, a jury and the court submits findings of fact, such…