Everett v. Lister

This was a nonjury case, and was therefore tried by the court without a jury. The appeal is from a judgment rendered in favor of appellee, defendant below. The demurrers to plea 3, as amended, were properly overruled.

Upon the trial below, the issue involved was purely one of fact; the facts being in dispute and the burden being on the plaintiff. It is a well-settled rule in the appellate courts of this state, where this is true, every reasonable presumption will be indulged in favor of the conclusions reached by the trial court. In other words, the evidence upon the trial being conflicting,…