Jasper County Democrat, Volume 19, Number 26, Rensselaer, Jasper County, 28 June 1916 — SEES. ,SUFFICIENT EVIDENCE. [ARTICLE]

SEES. ,SUFFICIENT EVIDENCE.

Appellate Court Affirms Action of Tippecanoe Superior in Land Suit. The appellate court has affirmed the Tippecanoe superior court in rerefusing to give Alfred C. Robinson, now of Lafayette but formerly of Rensselaer, a judgment against Cornelius M. Horner of Monon on his suit for an accounting regarding an alleged partnership, by which it was alleged that they were joint parties >to the purchase of land in White county in 1895. The suit was filed in 1904. It was appealed once and reversed by the supreme court on a ruling of the lower court holding that the trial court erred in sustaining a demurrer to the complaint. After the reversal of the case it was tried by the Tippecanoe superior court, where it had been taken on a change of venue, but the court held that the evidence did not sustain the suit. The appellate court says that there is some evidence to sustain the judgment, and the evidence being partly oral, the court on appeal can not attempt to weigh the evidence, but will affirm the judgment where it is supported by some evidence.