Trimmer v. Franklin Life Ins. Co.

Full title: Ethel Trimmer, Administrator, etc., Appellant, v. Franklin Life Insurance…

Court: Appellate Court of Illinois

Date published: May 27, 1943

319 Ill. App. 520 (Ill. App. Ct. 1943)

49 N.E.2d 642

Opinion

Gen. No. 9,375. (Abstract of Decision.)

Opinion filed May 27, 1943 Rehearing denied July 8, 1943

REFERENCE, § 41^_ — conclusiveness of master's findings. Where chancellor receives evidence in open court and sees witnesses and hears them testify, he has better opportunity for determining weight and credit that should be given their testimony than does court of review, and under such circumstances court of review will not disturb finding of chancellor unless manifestly and palpably wrong, and this is true even though court of review might be inclined to find otherwise had it been placed in position of trial court upon trial of case.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Macon county; Hon. CHARLES Y. MILLER, presiding.

Affirmed. Heard in this court at February term, 1943.

James S. Baldwin, for appellant;

James T. Whitley, for appellees.

Opinion by JUSTICE DADY.

"Not to be published in full." Opinion filed May 27, 1943; rehearing denied July 8, 1943.