Riley v. Dempsey (2005)

Citation: Riley v. Dempsey (2005)
Parent Document: Riley v. Dempsey (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-05
Original Source: https://www.courtlistener.com/opinion/4490187/riley-v-dempsey/ ↗

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Mr. Riley believes that the Small Claims Court considered Mr. Dempsey’s additional
evidence because the court found, as fact, that Mr. Riley had used his own house on two
occasions 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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