Barr's Estate v. Guay

6 Citing cases

  1. Vermont Structural Steel Corp. v. Brickman

    300 A.2d 629 (Vt. 1973)   Cited 9 times

    On review, the fact that the evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). In respect to such items the defendants failed to sustain their burden of proof as required by the prior Brickman opinion, supra, 126 Vt. at 534.

  2. In re Hatch

    290 A.2d 180 (Vt. 1972)   Cited 22 times
    Stating that "weight of the evidence, credibility of witnesses and the persuasive effect of their testimony is for the trier of fact"

    There is legitimate evidence fairly and reasonably tending to sustain it and it must stand. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). The weight of the evidence, credibility of witnesses and the persuasive effect of their testimony is for the trier of fact, In re Rathburn, 128 Vt. 429, 436, 266 A.2d 423 (1970), and this Court cannot substitute its own judgment for that of the lower court on the questions of fact. Everlasting Memorial Works v. Huyck Monument Works, 128 Vt. 103, 109, 258 A.2d 845 (1969).

  3. Diamond National Corporation v. Szerbik

    282 A.2d 806 (Vt. 1971)   Cited 6 times

    The fact that the evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). In Finding No. 10 the court stated, "The defendant William Szerbick (sic) testified that it (the account) was set up, in a manner he does not explain, for Tri-State Equities, Inc."

  4. Highway Board v. Jackson

    276 A.2d 620 (Vt. 1971)   Cited 4 times
    Construing predecessor statute, 19 V.S.A. ยง 1861a, to apply to a major arterial highway comparable to, but not part of, the interstate system

    On review, all conflicts must be resolved against the party excepting to the finding, and, therefore, the fact that evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). And in considering the evidence the Supreme Court views it in the light most favorable to the findings.

  5. In re Mossey

    129 Vt. 133 (Vt. 1971)   Cited 8 times

    On this structure of the case it was for the trial court to determine the weight and credibility of the petitioner's testimony. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). The fact that the petitioner disclaimed his guilt in this collateral proceeding does not impair the integrity of his plea at the time of his conviction.

  6. Rambeau v. Barrows

    255 A.2d 175 (Vt. 1969)   Cited 2 times

    That was within his province. Barr v. Guay, 127 Vt. 374, 250 A.2d 512, 515. The findings also state "(t)hat none of the deeds in the defendant's chain of title * * * describe said property by metes and bounds."