Eureka County Bank v. Clarke

Citations

• 130 F. 325
• 64 C.C.A. 571
• 1904 U.S. App. LEXIS 4163

Syllabus

<p>1. Appeal — Findings—Opinion of Trial Court — Assignments of Error.</p> <p>The opinion of the trial court, as distinguished, from its findings and decision, is not a proper subject for an assignment of errors.</p> <p>2. Same — Findings of Fact — Review.</p> <p>Where an action at law is tried by the court without a jury, the appellate court is precluded from weighing the evidence for the purpose of determining whether or not the court’s findings were justified thereby, unless there was no evidence whatever to support the findings.</p> <p>3. Same — Conversion.</p> <p>Where, in an action for conversion of certain stock, defendant’s answer expressly denied plaintiff’s title, and alleged defendant’s possession of the stock and dividends, and its refusal to surrender them to plaintiff, and the court found that the defendant had “converted” such stock and dividends to its own use, the finding was a sufficient finding that defendant was in possession of the stock and dividends, and that it denied and acted in defiance of plaintiff’s title.</p>