46 Iowa 525 | Iowa | 1877
I. It is first insisted that the evidence fails to support the judgment of the Circuit Court.
The cause is not triable here de novo, and the judgment of the court upon the facts, as the verdict of a jury,, must be sustained unless it be so wanting in support of the testimony that a presumption arises it was not the result of an honest and intelligent exercise of the discretion of the court. There is no ground for such presumption in this case. We cannot, therefore, interfere with the judgment as being in conflict with the testimony.
Affirmed.