Legal Opinion
In re McCrary Bros.
District Court, S.D. Alabama
Decided April 7, 1909No. 659PublishedCited by 6 opinions
In Bankruptcy. On petition for rehearing by the bankrupt.
1Opinion of the Court
TOULMIN, District Judge.
It is true, as contended by counsel for the petitioner, that the weight to be given by the judge on a review of the finding of a referee depends upon the character of the finding. As said by Judge Lurton, in Ohio Valley Bank Co. v. Mack (C. C. A.) 163 Fed. 155:
“If it be a deduction from established facts, the finding would not carry any great weight; for the judge, having the same facts, may as well draw inferences or deduce a conclusion as the referee.”
That able judge also said, in the same case:
“No arbitrary rule can be laid down for determining the weight which…
2Cases cited7 opinions
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- McGahan v. AndersonCourt of Appeals for the Fourth Circuit · 1902
- In re CampDistrict Court, N.D. Georgia · 1899
- In re GrimesDistrict Court, W.D. North Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re Elmore Cotton MillsDistrict Court, S.D. Alabama · 1914
- Bush v. Shepherd, Adm'r.Oregon Supreme Court · 1949
- Lee Lun v. HenryHawaii Supreme Court · 1914
- Dixon v. KoplarCourt of Appeals for the Eighth Circuit · 1939
- Campbell-Thorpe Grocer Co. v. WatkinsSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.