From Casetext: Smarter Legal Research

Ritter v. Stock

Supreme Court of California
Jan 1, 1859
12 Cal. 402 (Cal. 1859)


         Appeal from the Twelfth District, County of San Francisco.


         Shafter, Heydenfeldt & Park and J. B. Hart, for Appellant.

          H. S. Love, for Respondents.

         JUDGES: Terry, C. J., delivered the opinion of the Court. Baldwin, J., and Field, J., concurring.


          TERRY, Judge

         The questions presented by the record, are purely questions of fact.

         The case was submitted to the jury on special issues, which were found in favor of defendant.

         The evidence on the questions submitted was conflicting, and the verdict depended upon the weight which the jury attached to the testimony of each witness. Upon this point, the jury, having heard the testimony and observed the manner of the various witnesses produced before them, had better opportunities of forming a correct judgment than the Appellate Court from merely reading the statement of the evidence; and we are not disposed--although this is an equity case, and the verdict of the jury is not binding on the Court--to interfere with the verdict and ruling of the Judge who tried the cause.

         Judgment affirmed.

Summaries of

Ritter v. Stock

Supreme Court of California
Jan 1, 1859
12 Cal. 402 (Cal. 1859)
Case details for

Ritter v. Stock

Case Details

Full title:RITTER v. STOCK et al.

Court:Supreme Court of California

Date published: Jan 1, 1859


12 Cal. 402 (Cal. 1859)

Citing Cases

Wilson v. Cross & Co.

Where the testimony of the witnesses is conflicting, the result depends mainly upon the degree of credibility…

Treat v. Forsyth

More especially will the Court decline to supervise the discretion of the lower Court where the evidence on…