Halpin v. Nelson
Supreme Court of Iowa
Appeal from Polk District Court.- — Hon. W. F. Conrad, Judge. This is a proceeding to establish a claim against an estate upon an account filed, which was disallowed by the administrator. The case was tried to a jury, and a verdict rendered for plaintiff, which the district court set aside, as being unsupported by the evidence. . Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. While we are unable to say that in our opinion, based upon the record before us, the verdict is so wholly without the support of the evidence that no judgment should have been rendered thereon, we are equally unable to declare that the court below was not authorized upon the evidence to set it aside. That court having the witnesses before it, was better prepared to weigh the evidence than we can be. There are matters often occurring upon trial that do not appear in the record, which give insight into the evidence, and ability to weigh it, not attainable from the record alone. We will…
2Cases cited3 opinions
- Burlington Gas Light Co. v. Geeen, Thomas & Co.Supreme Court of Iowa · 1866
- Conklin v. City of DubuqueSupreme Court of Iowa · 1880
- Robinson v. BaconSupreme Court of Iowa · 1868
3Cited by3 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
- Finch v. MartinSouth Dakota Supreme Court · 1900