[Download] "Brown Bros. Lumber Co. v. Mitchell" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Brown Bros. Lumber Co. v. Mitchell
- Author : Supreme Court of Montana
- Release Date : January 22, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Conversion of Mortgaged Farm Produce ? Landlord and Tenant ? Evidence ? Sufficiency ? Extent of Review on Appeal. Appeal and Error ? Cause Tried by Court Without Jury ? Alleged Insufficiency of Evidence ? Extent of Review. 1. On appeal in a cause tried by the court without a jury in which the sufficiency of the evidence, conflicting in character, to justify the decision is questioned, the supreme court will do no more than ascertain whether there is substantial evidence to support the findings and judgment of the trial court. Conversion of Chattel Mortgaged Property ? Appeal ? Evidence in Conflict ? Review of Evidence ? Rule. 2. In determining whether the evidence in an action for the conversion of chattel mortgaged property, tried without a jury, supported a judgment for plaintiff, the supreme court will consider that proved which plaintiffs evidence tends to prove, it being immaterial that such evidence was disputed by that of defendant. Landlord and Tenant ? Conversion of Mortgaged Farm Produce ? Evidence ? Sufficiency. 3. In an action by a creditor of a farm tenant holding for a term less than a year, against the landlord for the conversion of a mortgaged undivided half interest in a quantity of hay assigned to defendant landlord for alleged advances made to the tenant, among them one for $80 worth of grass seed, payment of which was not shown to have been agreed to by the tenant, etc., held sufficient to justify the court, on a trial without a jury, in finding in favor of plaintiff.