Buttrey v. Buttrey

When the trial court entertained the petition and referred the finding of facts to the register, and that officer heard, ascertained, and reported the facts on oral evidence, the usual rule or presumption prevailed.

The effect of subdivision 1 of section 5955, Code of 1907 (section 10276, Code of 1923), that in deciding appeals from the circuit court in chancery cases no weight shall be given the decision of the circuit judge upon the facts, but the Supreme Oourt shall weigh the evidence “and give judgment as they deem just,” has been construed by this court, and in eases where the evidence…