"Where on an appeal taken pursuant to ยง 7846, Comp. Laws 1913, as amended by chapter 208, Laws 1933 [Section 28-2732, NDRC 1943], the appellant demands a retrial of the entire case, the case must be decided on the record already prepared in the trial court, and the findings of the trial court must be given appreciable weight by the supreme court, especially when based upon the testimony of witnesses who appeared in person before the court." The statement that in such case the findings of the trial court are entitled to appreciable weight on appeal to the supreme court has been repeated in many subsequent decisions, including Boozenny v. Desenko, 72 N.D. 584, 10 N.W.2d 240. Sinerius v. Anderson, 73 N.D. 269, 14 N.W.2d 230. Verry v. Yuly, 73 N.D. 346, 15 N.W.2d 210. Kolb v. Kolb, 75 N.D. 181, 26 N.W.2d 484. Nichols v. Schutte, 75 N.D. 207, 26 N.W.2d 515. Agrest v. Agrest, 75 N.D. 318, 27 N.W.2d 697. Belt v. Belt, 75 N.D. 723, 32 N.W.2d 674. Larson v. Cole, 76 N.D. 32, 33 N.W.2d 325. Bryan v. Schatz, 77 N.D. 9, 39 N.W.2d 435. Klundt v. Pfeifle, 77 N.D. 132, 41 N.W.2d 416. In re Heart River Irrigation District, 78 N.D. 302, 49 N.W.2d 217. State ex rel. Halvorson v. Simpson, 78 N.D. 440, 49 N.W.2d 790. Ellison v. Ellison, 79 N.D. 46, 54 N.W.2d 656. Knell v. Christman, 79 N.D. 726, 59 N.W.2d 293. Ginter v. Ginter, N.D., 63 N.W.2d 394. Hoffer v. Crawford, N.D., 65 N.W.2d 625. Dockter v. Crawford, N.D., 65 N.W.2d 691. Shong v. Farmers' Merchants' State Bank, Hutchinson, Minnesota, N.D., 70 N.W.2d 907. Little v. Burleigh County, N.D., 82 N.W.2d 603.
In this case the trial court found in favor of the plaintiff. These findings are entitled to appreciable weight upon this appeal. State, For the Benefit of the Workmen's Comp. Fund v. Williston, 72 N.D. 486, 8 N.W.2d 564; Boozenny v. Desenko, 72 N.D. 584, 10 N.W.2d 240. The rule, that the findings of the trial court are entitled to appreciable weight, has particular force in this case. Here, not only is the controlling factor the credibility of the witnesses, but many of the criteria by which an appellate court can judge credibility are of doubtful force.