Campe v. Meierdiercks

Thornton, J. In this case the whole question is as to an issue of fact, which was determined by the court below in favor of plaintiff.

Whether the money sued for was a gift or not, part of it to the defendant, and a part of it to his daughter, depends on evidence in the cause. The evidence was on all material points conflicting. The court below decided that the money was not a gift, and rendered judgment for plaintiff.

It is no use to review the evidence, but as it was conflicting on the issue above mentioned, according to the long^establislied rule of this court, the decision of the court below will not be disturbed.

Judgment and order affirmed.

McFarland, J., and Sharpstein, J., concurred.