Lupton v. Chase Nat. Bank

DONOHOE, Chief Judge.

Under Rule 53(e) (2), Rules of Civil Procedure, 28 U.S.C.A., in actions tried without a jury, the trial court must accept the Master’s findings of fact, unless clearly erroneous. This rule was accepted by the Supreme Court of the United States in Anderson v. Mount Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 1193, 90 L.Ed. 1515. Mr. Justice Murphy, who -delivered the opinion for the 'court, had this to say with respect to the Master’s findings: “ * * * This was purely a factual issue. The master made his findings in this respect through the weighing of conflicting…