Barker v. Hawley
Supreme Court of Colorado
Appeal from District Court of Gilpin County. The plaintiff, to maintain the issues upon his part, introduced himself as a witness, and testified as follows “I am the plaintiff in this suit. (Here the instrument sued upon is shown to the witness.) I have seen this instrument before; it was made by- William J. Barker, the defendant in this suit. I have made a demand on him for the money some time in April or May, 1868, soon after I went into business with Mr. Lake.
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Appeal from District Court of Gilpin County. The plaintiff, to maintain the issues upon his part, introduced himself as a witness, and testified as follows “I am the plaintiff in this suit. (Here the instrument sued upon is shown to the witness.) I have seen this instrument before; it was made by- William J. Barker, the defendant in this suit. I have made a demand on him for the money some time in April or May, 1868, soon after I went into business with Mr. Lake. I told him, Barker, that I was hard up, paying three per cent per month for money ; that I ought to have the money or the same rate…
1Opinion of the CourtElbert, J.
The only error insisted upon by counsel in argument is that the verdict of the jury was manifestly against the evidence, “the instructions of the court and the law of the case.”
This court and the Territorial supreme court have repeatedly ruled that “ when the evidence is conflicting and the verdict is not manifestly against the weight of evidence, the verdict will not be disturbed. Taylor v. Randall, 3 Col. 400; Machette v. Wanless, 2 id. 169; Walling v. Warren, id. 434; Fisher v. Martin, id. 525; Martin v. Hazard Powder Co., id. 601; Hall v. King, id. 711; Murphy v. Cunningham, 1 id. 467;…
2Cited by8 opinions
- City of Boulder v. FowlerSupreme Court of Colorado · 1888
- Spaulding v. SaltielSupreme Court of Colorado · 1892
- Ullman v. McCormicSupreme Court of Colorado · 1889
- Clark v. AldenhovenColorado Court of Appeals · 1914
- Johnson v. KountzeSupreme Court of Colorado · 1895
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