185 P. 820 | Ariz. | 1919
The above-entitled action was brought to recover the value of 36,356 pounds of oat
The points raised on the appeal and argued in the briefs of counsel are so simple and commonplace as not to warrant or justify any extended or elaborate discussion of the assignments of error. Out of such poor material it is not possible to formulate a precedent that would be of the slightest interest to the profession, or that would add anything of value to the general store of legal learning. We therefore feel justified in reducing the opinion to the mere statement of our conclusion without adding any elaborate reasons therefor.
The defendant complains, in the first place, of the ruling of the trial court requiring the payment by the defendant of $44.52 witness fees, as a condition to set aside a default judgment which had been entered against the defendant. .This complaint is overruled. It was within the sound discretion of the court to im
The policy of insurance was properly admitted in .evidence. It tended to prove that the defendant’s claim that the plaintiff should pay the item of $21 for insurance was unjust.
The ruling of the court in allowing the testimony of Harlson, the president and general manager of the defendant corporation, was not error.- It was relevant and admissible upon the question of whether the defendant was justified in shipping the hay from Mesa to Phoenix at plaintiff’s cost and expense. ■
We find no error in the instructions of the court. The objections thereto are technical and hypercritical rather than substantial. We think the jury were' carefully and properly charged by the court as to the law and their duty in deliberating upon the issues and the verdict.
While there is some conflict in the evidence, yet there is evidence in the record of a substantial nature tending to support the verdict, and we will not, for that reason, interfere with the result of the deliberations of the jury. We have repeatedly decided that when controverted questions of fact are submitted to a jury and the evidence adduced is conflicting and contradictory but there is competent evidence reasonably tending to support the verdict and the trial, court approves the same and renders judgment in accordance therewith, and a motion for a new trial is denied, we will not disturb the verdict of the jury and the judgment of the court on the weight of evidence.
Finding no substantial error in the record, and believing that the result reached was a just one, the judgment of the lower court is affirmed.
CUNNINGHAM, C. J., and ROSS, J., concur.