Judson Adm. v. Anderson

Mr. Justice . Morris:

I dissent. This action was tried to the Court sitting without a jury. The evidence is in sharp conflict. The trial judge, Honorable John Hurly of the Seventeenth Judicial District, has had many years of experience as a trial judge, was formerly a justice of this court, and' is highly regarded by the bar of the state. The forceful expressions contained in his findings and conclusions in the case at bar no doubt sprang from his firm conviction that the plaintiff testified truthfully and that the defendant did not.

The applicable rule in such circumstances is clearly stated…