101 Iowa 665 | Iowa | 1897
In Shaw v. Nachtwey, 43 Iowa, 653; Drumb v. Keen, 47 Iowa, 435, and Bonnett v. Bonnett, 61 Iowa, 199 (16 N. W. Rep. 91), the rule is definitely announced that in a case like this the findings of the court have the force and effect of the verdict of a jury. Following that rule, facts found by the court below, as to which there is support in the evidence to the extent of a substantial conflict, cannot be disturbed. The facts found, that the father is a proper person to have the care and custody of his child, and that he has an affectionate regard for it, are said by appellant not to be sustained by the evidence. The evidence bearing on these questions is practically confined to the plaintiff and his wife and the defendant and his daughters. There is -no claim in argument that there is not a conflict of evidence on these questions, but it