Soares v. Freitas

DISSENTING OPINION OP

PETERS, J.

Cases in equity determined by the circuit judges at chambers are removable to the supreme court either by appeal or writ of error. The supreme court in reviewing decrees in equity upon appeal is not confined as in cases upon Avrit of error to errors in law. But the practice of the court, pursuant to its statutory powers, 1 is to examine into the merits of the cause upon the evidence in the record, affirm or reverse the decree in part or in Avhole and either remit the record for further proceedings or render a final decree and enforce it in the ordinary mode.…