Selden v. Fowler — 3 Thomp. & Cook 785

Majority

p. 785

Selden, appellant, v. Fowler.

Headnote

Referee—decision upon conflicting evidence.

Where the evidence is conflicting, it belongs to the referee to pass upon its weight, and upon the credibility of the witnesses; and although the evidence would have warranted a different conclusion, the court will not reverse the decision of the referee, unless it is against the clear and decided weight of the testimony. ■

Appeal from a judgment entered upon the report of" a referee. The action was brought by Gustavus W. Selden against Homer T. Fowler, upon an account for lumber.'

C. W. White, for appellant.

W. E. Scripture, for respondent.

The head-note states all that is material in-the opinion.

Judgment affirmed.