 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 pages
...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. 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... | |
 | 1958 - 168 pages
...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. 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
...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... | |
 | United States. Food and Drug Administration - 1959 - 1068 pages
...in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the...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 - 1982 - 1226 pages
...in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the...and due regard shall be given to the opportunity of this court to judge the credibility of the witnesses. The findings of a master, to the extent that... | |
 | United States - 1988 - 1120 pages
...in granting or refusing interlocutory injunctions the court shall similarly set forth the findings otic drug as defin whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...trial of cases in the Federal courts by the judges without juries. The rule is this, at that point : Findings of fact shall not be set aside unless clearly erroneous, and due regard should be given to the opportunity of the trial court to judge of the credibility of the witnesses.... | |
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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. 
