Wade v. Smith

This action at law comes before us on an exception to the refusal of a judge of the Superior Court,* who heard the case without a jury, to find in favor of the plaintiff. The only question is whether upon all the evidence a finding for the plaintiff was required as matter of law. The weight and effect of oral evidence was for the trial judge, and his finding will not be disturbed unless it appears to be wholly unwarranted. Bailey v. Marden, 193 Mass. 277. The bill of exceptions does not state that it contains all the material evidence, and perhaps on this ground it would be necessary to…