Thresher v. Dyer
Supreme Court of Connecticut
Action to recover a sum of money claimed to have been received by the defendant’s testator as statutory trustee of his wife, brought to the Superior Court in New London county and tried to the court, Thayer, J. ; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action to recover a sum of money claimed to have been received by the defendant’s testator as statutory trustee of his wife, brought to the Superior Court in New London county and tried to the court, Thayer, J. ; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint alleged the following facts: Charles E. Dyer and Sarah C. Buckingham intermarried at Norwich, September 2d, 1868. On said day Charles E. Dyer, as trustee of the personal estate of his wife, received the sum of $5,000 belonging to Sarah C.…
1Opinion of the CourtHamersley, J.
Apparently the testimony certified fully justified the trial court in the conclusion of fact which it reached; but we cannot pass on this question. It is firmly settled by the decisions of this court that our jurisdiction does not extend to the re-trial upon the testimony, of the facts, based on some evidence, on which the judgment of a trial court, proceeding according to the rules of law, is founded. And it is immaterial whether such re-trial is sought under the claim that the court erred in reaching a conclusion of fact' from the testimony, or under a claim of error in law because a…
2Cases cited3 opinions
- Weeden v. HawesSupreme Court of Connecticut · 1834
- Sherwood v. SherwoodSupreme Court of Connecticut · 1864
- Gerry v. HoweMassachusetts Supreme Judicial Court · 1881
3Cited by18 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
- Dexter Yarn Co. v. American Fabrics Co.Supreme Court of Connecticut · 1925
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- McGar v. Borough of BristolSupreme Court of Connecticut · 1899
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