Guarantee Gold Bond Loan & Savings Co. v. Edwards

Citations

• 164 F. 809
• 90 C.C.A. 585
• 1908 U.S. App. LEXIS 4679

Syllabus

<p>1. Equity (§ 409*) — Practice—Master’s Certifícate or Other Proof of Entire Evidence Requisite to Assail His Finding of Fact.</p> <p>The master’s finding of facts upon evidence taken before him cannot be impeached, in the absence from tho record of his certificate or other competent proof, either that the evidence presented is the entire evidence that was before him, or that it was all the evidence which was before him relative to the specific finding or findings challenged.</p> <p>[Ed. Note.- — For other cases, see Equity, Dec. Dig'. § 409. *1</p> <p>2. Equity (§ 409*) —Order to Report Evidence and Report Thereof Competent Proof.</p> <p>An order of the court that the master should take and report the evidence, his report of it, and the legal presumption of his faithful discharge of official duty constitute competent proof that he has returned all the evidence before him, in the absence of evidence to the contrary.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. §§ 920, 923; Dec. Dig. § 409.*]</p> <p>3. Equity (§ 403*) — Consent to Reb’erence to Master Not Inferred from Absence of Objection to General Order.</p> <p>The consent of parties to a suit in equity to a reference to a master to find the facts, which will render his finding upon conflicting evidence unassailable under the rule in Kimberly v. Arms, 129 U. S. 512, 9 Sup. Ct. 355, 32 D. Ed. 764, may not be inferred from the mere failure to object to a general order of reference made before the suit was commenced.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. § 879; Dec. Dig. § 403.*]</p> <p>4. Appeal and Error (§ 931*) — Master’s Findings Presumption of Correctness.</p> <p>The legal presumption is that the findings of the master upon conflicting evidence are correct, and they will not be set .aside unless it appears with reasonable clearness that he has fallen into a mistake of fact or committed an error of law.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §