MacCracken v. First National Bank

Mr. Presiding Justice Niehaus delivered the opinion of the court. 2. Appeal and error, § 1414*—when finding of trial court will not be set aside. The finding of a trial court upon a controverted question of fact, where the evidence was conflicting, is entitled to the same consideration as the verdict of a jury would be under the same circumstances, and a court of review would not be warranted in setting aside such finding unless it is clearly against the weight of the evidence.