[DOWNLOAD] "General Motors Co. v. Swan Carburetor Co." by Sixth Circuit Circuit Court Of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: General Motors Co. v. Swan Carburetor Co.
• Author : Sixth Circuit Circuit Court Of Appeals
• Release Date : January 05, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Upon application for rehearing, appellant calls our attention to rule 34 of the District Court below, which we copy in the margin; and insists that there has been full compliance with this rule. It is somewhat difficult to reconcile this rule in all respects with the statutory limitation to "rulings in the progress of the trial" (Rev. St. § 700 [28 USCA § 875]); but we think it fair to assume that the rule, for this purpose, continues the trial until the final settlement of the findings. This construction of the rule does not perfect appellants record. The rule does not purport to and could not modify the statute, as construed by this court in Humphreys v. Third National Bank, 75 F. 852, 855, 856. This case has been very often brought to the attention of counsel by repeated citations in opinions of this court. A specific finding of law is either right or wrong, and is completely challenged by a simple exception. A finding of fact very commonly involves a weighing of evidence, pro and con, and a mere exception may well be intended to challenge such a result. If it is intended to insist that there is no evidence to support the finding made, or that the undisputed evidence makes it impossible rightly to deny the proposed fact finding, good practice requires that the exception should be put upon this ground, so as clearly to present a question of law and not one of fact. It is not necessary to deny that there may be cases where such a mere exception to a specific fact finding, or refusal to find, must intend to propound the nonexistence of any substantial evidence in support of or against; in that respect what we said in the foregoing opinion may be too broad, and is modified. This does not help appellant.

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