riley v. dempsey (2023)

Citation: riley v. dempsey (2023)
Parent Document: riley v. dempsey (2023)
Jurisdiction: Vermont (state)
Effective Date: 2023-11-07
Original Source: https://www.courtlistener.com/opinion/9440801/riley-v-dempsey/ ↗

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| I LE
° FP JAN ~ 5 2005
Windsor County Clerk
cr during Mr. Dempsey’s rental, during October of 2001 and October of 2002. (Finding 16). However,
the findings do not show that the Small Claims Court improperly considered Mr. Dempsey’s
additional evidence, because they are amply supported by testimony in the record. Both Mr.
Dempsey and Ms. Bailey-Dempsey testified about Mr. Riley using the house on those two occasions.
Mr. Riley denied that he had used the house in October of 2002, and thus the record contains
conflicting testimony about that issue. Given the conflicting evidence, however, the trial court had
the responsibility to accept one version or another, which it did. The court’s finding that Mr. Riley
used the house on both occasions is not clearly erroneous based on the record evidence, and there
is no basis for disturbing that finding on appeal.

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