Faulkner v. Simms

The following opinion on rehearing was filed March 18, 1903. Former judgment modified:

6. Review of Finding Based on Written Testimony. Where a finding is based largely upon depositions or written testimony, as to which the trial judge has no special advantage over the reviewing court, the rule that his findings will be adhered to unless clearly wrong does not apply with the same force. 7. Application of Rule: Findings Adhered to Unless Cleably Wbong. But in such case, if the oral testimony is evidently the basis of the finding, or the written testimony relates to matters as to which the trial…