Development Co. v. Brannan

1 Citing case

  1. Miracle v. Barker

    59 Wyo. 92 (Wyo. 1943)   Cited 13 times
    In Miracle v. Barker, 59 Wyo. 92, 106-107, 136 P.2d 678, 683, it was said, "If the testimony on behalf of the plaintiff that the value of the services in question was $750 stood uncontradicted, it would not follow that the court would have been bound to give judgment for that amount," and again, at 136 P.2d 684, "`The judgment of the witness is not, as a matter of law, to be accepted by the jury in place of their own.

    As stated before, the case was tried to the court without a jury, and the rule is that in such case the erroneous admission of testimony is not ordinarily ground for a reversal, if there is competent evidence aside from that to sustain the judgment. Williams v. Yokum, 37 Wyo. 432, 263 P. 607 and cases cited; Alaska Development Company v. Brannan, 40 Wyo. 106, 119, 275 P. 115; Yount v. Strickland, 17 Wyo. 526, 533, 101 P. 942. That appears to be the general rule. 5 C.J.S. 997. In 26 R.C.L. 1085, the rule is stated thus: "It is the general rule that error will not lie for the admission of irrelevant and incompetent evidence in a case tried before the court without a jury, at least where it does not appear that the court relied on the incompetent evidence in making its decree."