Fein v. Tonn

Citations

• 2 Wyo. 113

Syllabus

<p>Evidence. — Evidence introduced in support of a counter-claim is inadmissible where it tends to establish a cause of action different from that set up in the answer ; and without consent the cross suit cannot be amended so as to admit the evidence.</p> <p>JURISDICTION OF APPELLATE COURTS WEIGHT OF EVIDENCE. — Where an appellate court is empowered to revise upon the facts, it can never reverse them, simply because upon the evidence, as submitted to it, it would have arrived at a different conclusion, and can only reverse where the verdict, — or if the trial was by the court, without a jury, the findings below, — were so clearly against the weight of evidence that no mind of fair intelligence, faithfully exercised, can be reasonably supposed to have arrived at the result complained of.</p>