Van Emmerik v. Mons

One of the important by-products of our jury system of determination of law cases is that the courts are thereby relieved of the necessity of finding the facts. But this refuge is not available to them in equity actions. Facts must be found; often, as in the case at bar, under the most substantial difficulties. As an appellate court we have the advantage of the rule that we give weight to the findings of the trial court on controverted matters, particularly when the credibility of the parties is concerned. Yet the matter is triable here de novo, and we must in the end make our own…