Merillat v. Hooker

U.S. Court of Appeals for the D.C. Circuit January 5, 1914

Merillat v. Hooker, 41 App. D.C. 364 (D.C. Cir. 1914)

1914 U.S. App. LEXIS 2185

Opinion of the Court

Mr. Justice Robb

delivered the opinion of the Court ;

Upon an examination of the record, we think the above state*- ■ ment of the appellee conservative.. The . record as presented is *367a veritable hodge-podge of relevant and irrelevant matter, and, but for the briefs, it would be an arduous and difficult task to- localize the real issue. All this causes needless expense and imposes a needless burden upon the court. Inasmuch, however, as the finding of fact by the court below is conclusive of the issue here, we have examined the testimony and, being of the opinion that the finding is correct, we will affirm the decree without passing upon appellee’s motion. We do not discuss the testimony, as no useful purpose would be subserved in so doing. It is enough to say that, in our view, the court was clearly right.

Decree affirmed, with costs. Affirmed.

Reference

Full Case Name: MERILLAT v. HOOKER
Status: Published
Syllabus: Appeal and Error; Statement op Evidence. A motion by the appellee to strike out the statement of the evidence in an equity suit, upon the ground that the transcript of the record contained a great mass of relevant and irrelevant matter, thus obscuring the issue, was not passed upon, inasmuch as the trial court's finding of fact was found to be correct; and the decree appealed from was accordingly affirmed.