Hufton v. Hufton

Action for Divorce — Conflict in Evidence. 1. Where there is a substantial conflict in evidence, the findings of faet and judgment based thereon -will not be set aside on appeal.

APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for divorce. Judgment for defendant. ■ “The findings of fact must support the judgment, and if not, the judgment must be reversed.” (Ponting v. Isaman, 7 Ida. 581, 65 Pac. 434.) . “There is not a substantial conflict in the evidence such as to bring it within the rule that where there is a substantial conflict in the evidence, the finding of the court will not be disturbed.” (Wood v. Broderson, 12 Ida. 190, 85 Pac. 490.) “In equity cases the appellate court will examine the evidence with a view to sustain the trial court in its findings and judgment, but will reverse the judgment if the evidence, is insufficient to sustain it.” {Small v. Harrington, 10 Ida. 499, 79 Pac. 461.1 "Where there is substantial conflict in the evidence on which any finding of fact is based, such finding will not be disturbed on appeal. (Weeter Lumber Co. v. Fales, 20 Ida. 255, Ann. Cas. 1913A, 403, 118 Pac. 289; Blackfoot State Bank v. Crisler, 20 Ida. 379, 118 Pac. 775; Friedrich v. Donahue, 20 Ida. 92, 116 Pac. 1029; Thomason v. Lane-Potter Lumber Co., 20 Ida. 771, 119 Pac. 875; Coe v. McGran, 23 Ida. 582, 131 Pac. 1110; Griffith v. Griffith (Wash.), 133 Pae. 443.)