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KIMBERLY v. ARMS

No. 169.

129 U.S. 512 (1889)

9 S.Ct. 355

32 L.Ed. 764

KIMBERLY, v. ARMS.

Supreme Court of United States.

Decided March 5, 1889.

Attorney(s) appearing for the Case

Mr. Samuel Griffith and Mr. A.W. Jones for appellant.

Mr. Thomas W. Sanderson and Mr. Stevenson Burke for appellees. Mr. W.B. Saunders was with them on the brief.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

The first question to be considered on the appeal relates to the effect to be given to the findings of fact and of law contained in the report of the special master. The court below refused to treat them as presumptively correct, so as to impose upon the excepting parties the burden of showing error in them. It considered the case as presented on the pleadings and proofs, without reference...

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