Garman v. Wettengel

Evans, J. —

The real name of the deceased was Tobias Dengler. Throughout his residence in Iowa, however, he had assumed the name of Tom Miller, and he was so known and is so referred to in the testimony; and we shall refer to him herein by such name. This case belongs to a class which usually challenges the scrutiny and the skepticism of the court. The evidence upon which such a case usually rests is such, in its very nature, that direct disproof is quite impossible. The defendants must rely largely upon circumstances of inconsistency and improbability. Such case imposes upon the court the…