Grant v. Henderson-Pierce Motor Co.

The trial was had before the judge without the intervention of a jury, and the evidence was taken ore tenus. Long after the adoption of Acts 1915; p. 824 (now incorporated in section 9498 of the Code of 1923), the Supreme Court and this court have held:

“When a civil case is tried by the court without a jury, the conclusion of the trial judge upon the finding of fact from the evidence given ore tenus has the effect of a verdict of a jury, and will not be set aside, unless that judgment is contrary to the great weight of the evidence; that is, plainly erroneous or manifestly wrong.” Halle v.…