Luedtke v. Luedtke

In order to set aside such findings of the court it must appear that they are contrary to the clear preponderance of the evidence. While plaintiff’s deposition was being taken in the hospital in December, 1922, after the commencement of this action, the plaintiff unquestion*477ably was in an enfeebled condition of health, due not only to the infirmities of old age but to illness. We have read this deposition carefully, and we are convinced that it discloses a mental condition on the part of the plaintiff at that time, for a man of his age, which is unusual. In the course of his examination he…