Kimberly v. Arms
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION. IN equity. The court, in its opinion, made the following-statement of the case: On the 27th of April, 1878, the complainant, Kimberly, and the defendant, Hannah M. Arms, executed the following articles of agreement: ■ “ Articles of agreement made and concluded this 27th day of April, a.d. 1878, by and between Hannah M. Arms, of Youngstown, Mahoning County and State of…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION. IN equity. The court, in its opinion, made the following-statement of the case: On the 27th of April, 1878, the complainant, Kimberly, and the defendant, Hannah M. Arms, executed the following articles of agreement: ■ “ Articles of agreement made and concluded this 27th day of April, a.d. 1878, by and between Hannah M. Arms, of Youngstown, Mahoning County and State of Ohio, party of the first part,- and Peter L. Kimberly, of Sharon, Mercer County and State of Pennsylvania, of the other…
1Opinion of the CourtJustice Field
The first question to be considered on the appeal relates to the effect to be given to the findings of_ fact and of law contained in the report of the special master. The court below refused to treat them as presumptively correct, so as to impose upon the excepting parties the burden of showing error in them. • It considered the case as presented on the pleadings and proofs, without reference to the report, to which there was accorded only the weight due to the careful and well considered opinion of a lawyer chosen by the parties to act as a judge, with qualifications to justify the…
2Cases cited7 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Callaghan v. MyersSupreme Court of the United States · 1888
- Quinby v. ConlanSupreme Court of the United States · 1882
- Newcomb v. WoodSupreme Court of the United States · 1878
- Mitchell v. . ReedNew York Court of Appeals · 1874
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- Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
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