Mattock v. Goughnour
Montana Supreme Court
Appeal from Sixth Judicial District, Parle County. Action to recover for services. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Henry, J. While it is true that the appellate court acts with the greatest caution in reviewing the verdict of a jury for insufficiency of the evidence, yet its power to review and reverse that verdict is well settled, and one of the safeguards thrown around litigants.
Read the full summary
Appeal from Sixth Judicial District, Parle County. Action to recover for services. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Henry, J. While it is true that the appellate court acts with the greatest caution in reviewing the verdict of a jury for insufficiency of the evidence, yet its power to review and reverse that verdict is well settled, and one of the safeguards thrown around litigants. So great is the desire to refrain from interfering with the province of the jury that the rule is now almost universal that when there is a substantial conflict in the…
1DissentDe Witt, J.
(dissenting). — The title-head of section 288 of Mr. Hayne’s able work on New Trial and Appeal is: “ Where there is a substantial conflict in the evidence the Supreme Court *274will not disturb the decision of the court below.” And such has been the doctrine of this court since early in its organization. (Lincoln v. Rodgers, 1 Mont. 217; Travis v. McCormick, 1 Mont. 347; Davis v. Blume, 1 Mont. 463; Toombs v. Hornbuckle, 1 Mont. 286; Ming v. Truett, 1 Mont. 322; Kinna v. Horn, 1 Mont. 597; Orr v. Haskell, 2 Mont. 225; Knox v. Gerhauser, 3 Mont. 267; Story v. Black, 5 Mont. 26; 51 Am. Rep. 37;…
2Cases cited16 opinions
- Blankman v. VallejoCalifornia Supreme Court · 1860
- Story v. BlackMontana Supreme Court · 1883
- Landsman v. ThompsonMontana Supreme Court · 1890
- Lincoln v. RodgersMontana Supreme Court · 1870
- Ming v. TruettMontana Supreme Court · 1871
11 more not listed; retrieve them via the Exa API.