| United States. Supreme Court - 1940 - 894 sidor
...constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly...the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 sidor
...Rules of Civil Procedure, which provides that, where an action is tried by a court without a jury, "findings of fact shall not be set aside unless clearly...of the trial court to judge of the credibility of witnesses," is peculiarly applicable in a case, such as this, where the complaining party creates a... | |
| United States. Supreme Court - 1984 - 1138 sidor
...332 (1952). Indeed Rule 52(a) expressly acknowledges the importance of this factor by stating that "due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses." Consequently, this Court has been especially reluctant to resolve factual issues which... | |
| 1958 - 168 sidor
...Procedure is applicable. That rule prescribes that findings of fact in actions tried without a jury 'shall not be set aside unless clearly erroneous, and due...the trial court to judge of the credibility of the witnesses.' It was intended, in all actions tried upon the facts without a jury, to make applicable... | |
| United States. Congress. Senate. Committee on the Judiciary - 1938 - 134 sidor
...United States' Advisory Committee on Rules, provides, in the third and fourth sentences thereof, that: "Findings of fact shall not be set aside unless clearly...the trial court to judge of the credibility of the witnesses. The findings of the master, to the extent that the court adopts them, shall be considered... | |
| 1938 - 152 sidor
...constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly...the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered... | |
| United States. Congress. Senate. Committee on the Judiciary - 1938 - 58 sidor
...to appears on page 65 of the proposed rules, and reads as follows : "Findings of fact shall not he set aside unless clearly erroneous, and due regard...the trial court to judge of the credibility of the witnesses." DISTINCTION RETWEEN LAW AND EQUITY RUI.ES UNDER THE ENARLING ACT A matter of vital importance... | |
| 1939 - 686 sidor
...appellees were damaged in the sum of $5OO. Rule 52 of the Federal Rules of Civil Procedure provides: "Findings of fact shall not be set aside unless clearly...to the opportunity of the trial court to judge of tho credibility of the' witness • v** ." * * * * * * For the reasons expressed, we think the judgment... | |
| United States. Food and Drug Administration - 1959 - 1068 sidor
...constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly...the trial court to judge of the credibility of the witnesses. . . . Although the trial court's finding here was stated in terms of a failure of the Government... | |
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