J. Regester's Sons Co. v. Reed
Massachusetts Supreme Judicial Court
Two bills IN equity, filed September 2 and 5, 1902, to obtain possession of certain promissory notes alleged to have been withheld and secreted wrongfully by the defendants. In the Superior Court the cases were heard by Hardy, J., who made a decree for the plaintiff in each case. The defendants appealed.
1Opinion of the CourtLathrop, J.
Each of these cases comes before us on an appeal from a decree of a judge of the Superior Court, sitting in equity, with a full report of the evidence taken before him by a commissioner appointed under a rule of court. The judge, at the *227request of the defendants, in each case made a finding of facts, and this finding is a part of the record.
The familiar rule applies that in such an appeal this court will not reverse the finding of the court below unless it clearly appears to be erroneous. Dickinson v. Todd, 172 Mass. 183, and cases cited. We have examined the voluminous report of the evidence…
2Cases cited3 opinions
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Merchants' National Bank v. Haverhill Iron WorksMassachusetts Supreme Judicial Court · 1893
- Savage v. GoldsmithMassachusetts Supreme Judicial Court · 1902
3Cited by5 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Leavitt v. ThurstonUtah Supreme Court · 1911
- Manning v. MulreyMassachusetts Supreme Judicial Court · 1906
- McMahon v. LawlerMassachusetts Supreme Judicial Court · 1906
- Wight v. ShawMassachusetts Supreme Judicial Court · 1909