Young v. Witham
Supreme Judicial Court of Maine
On appeal. Bill in equity to compel the defendant to convey to the plaintiff certain premises in Letter E plantation, Franklin county. The case was heard by a single judge, and certain questions submitted to a jury, at the- September term, 1882, Franklin county, when the judge ordered the defendant to convey the premises named in the bill in accordance with the prayer of the petitioner and the defendant appealed.
1Opinion of the CourtPeters, C. J.
This is an appeal from the decision of a single judge sitting in a case in equity. The first inquiry is, what weight shall attach to the opinion of such judge upon matters of fact decided by him, when the case is heard by the whole court upon a report of all the evidence adduced at the original hearing? We think the true rule to be that his decision, as to matters of fact, should not be reversed, unless it clearly appears that such decision is erroneous. The burden to show the error falls upon the appellant. Such is the rule in actions at law, when moving against a decision based upon facts…
2Cases cited3 opinions
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
3Cited by16 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Qualey v. FultonSupreme Judicial Court of Maine · 1980
- Sears, Roebuck & Co. v. City of PortlandSupreme Judicial Court of Maine · 1949
- Matthews v. R. T. Allen & Sons, Inc.Supreme Judicial Court of Maine · 1970
- Berg v. BragdonSupreme Judicial Court of Maine · 1997
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