 | Law reports, digests, etc - 1918 - 2060 pages
...independent tribunal, are to be taken as presumptively correct, subject, liult'tHl, to be reviewed under tbe reservation contained in the consent and *order of...in the consideration given to the evidence, or in tbe application of the law, but not otherwise." But, where the reference is had without the consent... | |
 | Law reports, digests, etc - 1913 - 1050 pages
...that the right is there declared to reside in the court to set aside the findings of the master "where there has been manifest error in the consideration...the application of the law, but not otherwise." The weight thus given to such findings is due to the fact that the reference is — " * * * by consent... | |
 | Law reports, digests, etc - 1906 - 1122 pages
...facts. In such case the findings "are to be taken as presumptively correct," and are reviewable only "when there has been manifest error in the consideration...to the evidence or in the application of the law." Kimberly v. Arms, 129 US 512, 524, 9 Sup. Ct. 355, 32 L. Ed. 764 ; 11 Rose's Notes US Rep. 713 ; Tilghman... | |
 | Law reports, digests, etc - 1901 - 2042 pages
...of law, such findings are to be taken as presumptively correct, and will not be disturbed unless for manifest error in the consideration given to the evidence, or in the application of the law. 2. CONTRACTS — CONSTRUCTION — EVIDENCE TO EXPLAIN MEANING OF LANGUAGE USKD. Where the language... | |
 | Law reports, digests, etc - 1895 - 1088 pages
...finding of a subordinate court "Its findings," said the court, "like those of an Independent tribunal, are to be taken as presumptively correct, subject,...in the application of the law, but not otherwise." As the reference in this case was by consent to find the facts, we think the rule in KImberly v. Arms... | |
 | United States. Supreme Court - Law reports, digests, etc - 1889 - 860 pages
...findings are to be taken as presumptively correct, and subject only to be reviewed under the reservation in the consent and order of the court, when there...been manifest error in the consideration given to evidence, or in the application of the law. 2. PARTNERSHIP — RIGHTS OF PARTNERS INTER SESE. Plaintiff... | |
 | Appellate courts - 1901 - 822 pages
...administration of justice in tribunals established by law. Its findings, like those of an independent tribunal, are to be taken as presumptively correct, — subject,...the application of the law, but not otherwise." The order of reference entered by Judge Simonton in this case is a consent order, and is so treated by... | |
 | Railroad law - 1897 - 854 pages
...in Kimberly v. Arms, 129 US 512, the findings of the master, like those of an independent tribunal, "are to be taken as presumptively correct, subject,...in the application of the law, but not otherwise." And he further observes that the findings "should have been treated as so far correct and binding as... | |
 | New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - Law reports, digests, etc - 1897 - 746 pages
...findings, like those of an independent tribunal, are to be taken as presumptively correct,—subject, indeed, to be reviewed under the reservation contained...in the application of the law, but not otherwise." In the case of Davis v. Schwartz, 155 US 631, the court, in speaking of the effect of the findings... | |
 | Bankruptcy - 1927 - 1070 pages
...524, £ S. Ct. 355, 359 (32 L. Ed. 764), said: "Its findings, like those of an independent tribunal, are to be taken as presumptively correct, subject,...in the application of the law, but not otherwise. ' ' < See, also, Davis v. Schwartz, 155 US 631, at page 637, 15 S. Ct. 237, 39 L. Ed. 289. mony, or... | |
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Its findings, like those of an independent tribunal, are to be taken as presumptively correct, subject, indeed, to be reviewed under the reservation contained in the consent and order of the court, when there has been manifest error in the consideration... 
