Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master,... United States Code - Page 149by United States - 1988Full view - About this book
| United States - Law - 1965 - 860 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...credibility of the witnesses. The findings of a master, го the extent that the court adopts them, shall be considered as the findings of the court. If an... | |
| United States - Law - 1982 - 1226 pages
...aside unless clearly erroneous, and due regard shall be given to the opportunity of this court to judge the credibility of the witnesses. The findings of...shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and... | |
| Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...adopts them, shall be considered as the findings of the court.2 (b) Amendment. Upon motion of a party made not later than 10 days after entry of. judgment... | |
| United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 606 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...the trial court to judge of the credibility of the witnesses." 1 This—the clearly erroneous rule—was derived from the prior equity practice with respect... | |
| United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...the trial court to judge of the credibility of the witnesses." 1 This — the clearly erroneous rule — was derived from the prior equity practice with... | |
| United States. District Courts - Civil procedure - 1947 - 56 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and... | |
| United States. Supreme Court - Law reports, digests, etc - 1947 - 1006 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and... | |
| United States. Patent Office - Copyright - 1950 - 598 pages
...PROCEDURE 52 (a).- — Where Rule 52 (a) of the FRCP provides in part that "findings of fact shall not be set aside unless clearly erroneous and due...the trial court to judge of the credibility of the witnesses," Held that to no type of case is this last clause more appropriately applicable than to... | |
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