Hendryx v. Perkins

Citations

• 123 F. 268
• 59 C.C.A. 266
• 1903 U.S. App. LEXIS 3988

Syllabus

<p>1. Appeal—Findings op Fact—Conclusiveness.</p> <p>Rev. St. § 1012 [U. S. Comp. St. 1901, p. 716], providing that appeals “shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error,” does not have the effect of making a finding and statement of facts by a Circuit Court in an equity cause conclusive on the appellate court.</p> <p>•2. Same.</p> <p>A mere opinion expressed by a circuit judge upon a question of fact in an equity case is not a finding of facts.</p>