 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.  Practitioners' Journal - Page 10911958Full view - About this book
 | United States. Supreme Court - 1940 - 894 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...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. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 pages
...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 erroneous, and due...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. Supreme Court - 1984 - 1138 pages
...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... | |
 | 1938 - 152 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...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. Congress. Senate. Committee on the Judiciary - 1938 - 134 pages
...Committee on Rules, provides, in the third and fourth sentences thereof, that: "Findings of fact shall not be set aside unless clearly erroneous, and due...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... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1938 - 58 pages
...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... | |
 | 1939 - 686 pages
...the sum of $5OO. Rule 52 of the Federal Rules of Civil Procedure provides: "Findings of fact shall not be set aside unless clearly erroneous, and due...to the opportunity of the trial court to judge of tho credibility of the' witness • v** ." * * * * * * For the reasons expressed, we think the judgment... | |
 | United States. Food and Drug Administration - 1959 - 1068 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...the trial court to judge of the credibility of the witnesses. . . . Although the trial court's finding here was stated in terms of a failure of the Government... | |
 | United States - 1965 - 860 pages
...its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due...the trial court to judge of the credibility of the witnesses. The findings of a master, го the extent that the court adopts them, shall be considered... | |
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