Heath v. Heath

• Decision Date: 05 June 1899
• Court: Michigan Supreme Court
• Parties: HEATH v. HEATH.

79 N.W. 1124

120 Mich. 310

HEATH v. HEATH.

Supreme Court of Michigan

June 5, 1899

Appeal from circuit court, Tuscola county, in chancery; Watson Beach, Judge.

Action by Ezra Heath against Selah Heath. Decree for complainant. Defendant appeals. Affirmed.

T. W. Atwood, for appellant.

John E. Kinnane, for appellee.

GRANT, C.J. (after stating the facts).

No legal questions are involved. The question is one of fact purely, and the result depends entirely upon the credit to be given to the testimony. On all the facts there is a direct and sharp conflict of evidence. It would be unprofitable to state it in detail. We see no occasion to disturb the conclusion reached by the circuit judge, who saw the witnesses and was in a better position than we to judge of their credibility. Decree affirmed, with costs.

HOOKER, J., did not sit. The other justices concurred.