Miller v. Kendrick

Mr. Chiee Justice Greek

delivered the opinion of the Court.

This was a suit for an. accounting. The defendant pleaded two written settlements. The hill was dismissed by the chancellor, and this decree affirmed by the court of appeals. Both of the lower courts upheld the settlements which were attacked.

It is insisted by the defendant that this is a concurrent finding, which precludes this court from any investigation of the facts. The complainant urges that there is no concurrent finding.

The chancellor expressed the opinion that the burden of proof was upon the complainant, impeaching the…