Bates v. Wilson

Pattison, O.

The judgment appealed from in this case was rendered June 26, 1886. It was found by the court that “the equity of this case is not with the said plaintiffs, but is with the said defendants.” There was .no other finding. The decree, dismissing the bill, was predicated upon this finding alone. To determine the appeal, therefore, a review of all the evidence is necessary. The trial having been had entirely upon depositions, it is the duty of the court, not only to sift and weigh the testimony, but to consider the whole case, not only upon the law, but upon the facts as well. Jackcson…