Van Horn v. Van Horn

I grant that the Supreme Court on appeal in an equity case may under proper circumstances render a judgment, based on the record before it, contrary to that rendered by the trial court; however, this is not such a case. In the instant case, a district judge heard and saw the many witnesses who testified and had the opportunity of requiring such other testimony as might have been available to present a true picture of the marital difficulties involved therein. To render a judgment such as the majority opinion in this case makes it necessary that this court believe the testimony of certain…