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" Findings of fact 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. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Trang 50
bởi United States. Patent Office - 1959
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United States Reports: Cases Adjudged in the Supreme Court, Tập 308

United States. Supreme Court - 1940 - 894 trang
...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 Reports: Cases Adjudged in the Supreme Court at ..., Tập 343

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 trang
...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 Reports: Cases Adjudged in the Supreme Court, Tập 345

United States. Supreme Court - 1953 - 874 trang
...violates the Sherman Act under the circumstances here presented. See also, Fed. Rules Civ. Proc., 52 (a), "Findings of fact shall not be set aside unless clearly erroneous . . ." and Lorain Journal Co. v. United States, 342 US 143. In view of the disposition made of this case by the...

United States Reports: Cases Adjudged in the Supreme Court, Tập 456

United States. Supreme Court - 1984 - 1138 trang
...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...

Practitioners' Journal, Tập 25,Số phát hành 10

1958 - 168 trang
...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 Court of Appeals for Administration: Hearings Before a ...

United States. Congress. Senate. Committee on the Judiciary - 1938 - 134 trang
...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...

Congressional Serial Set, Số phát hành 10250

1938 - 152 trang
...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...

Rules of Civil Procedure for the United States District Courts: Hearing ...

United States. Congress. Senate. Committee on the Judiciary - 1938 - 58 trang
...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...

Rules of Civil Procedure for the District Courts of the United States with ...

United States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1939 - 364 trang
...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...

Decisions on Federal Rules of Civil Procedure: bulletin, Số phát hành 40-49

1939 - 686 trang
...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...




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