Lewis v. Lewis

I am constrained to disagree with my astute colleagues upon the final result reached in this case. It is however apparent to me that the case should be reversed, because of erroneous instructions, and because of the refusal of the trial court to permit the introduction of certain admissible evidence, and I concur in that part of the majority opinion. I cannot agree, however, that this Court should substitute its judgment on the weight and worth of the testimony and hold the verdict to be against the overwhelming weight of the testimony. This is not a case in chancery where the Chancellor may…