Legal Opinion

Harlan v. Emery

Supreme Court of Iowa

Decided October 3, 1877PublishedCited by 3 opinions

Appeal from, Wapello Ci/rewit Cov/rt. On the 15th day of August, 1876, the plaintiff filed against the estate of his mother, Lucetta Harlan, deceased, a claim for $310.00, for rent of house for thirty-one months, and for $5.55, balance due on othei account. At the March term, 1877, the claim came on for trial before the Circuit Court, without a jury, and was disallowed. Plaintiff appeals.

1Opinion of the Court

Day, Ch. J.

l landlord occupancy i>"y member of lamiiy. The only point presented is that the testimony does not support the judgment. The cause is not triable here de novo. The same presumption exists in favor of the finding of the court as pertains in regard to ^ x o the verdict of a jury. Neither can be disturbed unless clearly unsupported by the testimony. On the part of plaintiff his wife testified as follows: “ About four or five years before she came to live there I heard a conversation between Mrs. Harlan, deceased, and my husband. She said to him she had no place to stay, that Sample…

2Cases cited1 opinion

  1. Scully v. Scully'sSupreme Court of Iowa · 1870

3Cited by3 opinions

  1. Peterson v. JohnsonSupreme Court of Iowa · 1927
  2. In re Estate of SquireSupreme Court of Iowa · 1915
  3. Norman v. DouganSupreme Court of Iowa · 1926

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