[Download] "Dockins v. Dockins" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Dockins v. Dockins
- Author : Supreme Court of Montana
- Release Date : January 05, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Divorce ? Evidence ? Sufficiency ? Appeal ? Presumptions ? Burden of Showing Error ? Conflict in Evidence ? Decision of Court Conclusive. Appeal ? Burden to Show Reversible Error on Appellant ? Presumptions. 1. In entering upon the consideration of an appeal the supreme court indulges the presumption that the decision of the trial court is correct, the burden resting on appellant to show reversible error; it will never presume error and to work a reversal it must affirmatively appear that appellants substantial rights were affected by the error assigned. Divorce ? Conflict in Evidence ? Decision of Court Conclusive on Appeal. 2. Where the evidence in a case tried by the court without a jury is in conflict, the courts decision is conclusive on appeal, that court having been in a more advantageous position, in seeing and hearing the witnesses and observing their demeanor and manner of testifying, to determine their credibility than is the supreme court in reviewing the evidence presented to it in cold type. Appeal ? Affirmance of Judgment Where Substantial Evidence Supports It. 3. A judgment supported by substantial evidence will not be disturbed on appeal. Divorce ? Support of Minor Children ? Evidence ? Sufficiency. 4. Under the above rules held, on appeal in an action for separate maintenance in which the husband had judgment on his cross-complaint for an absolute divorce, requiring the latter, however, who at the time of the trial was earning about $75 a month, to pay plaintiff $45 a month for support of their two minor children as well as the costs of suit, that the judgment was amply supported by the evidence and therefore not open to interference by the supreme court.
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