Opinion
12-14-1909
WARNE v. HILL.
O. D. McConnell, for exceptant. George A. Angle, opposed.
Action by Martha E. Warner against Mahala E. Hill. On exceptions to the report of a master. Exceptions overruled.
O. D. McConnell, for exceptant. George A. Angle, opposed.
HOWELL, V. C. I have examined the testimony taken before the special master upon which he based his report, which is now excepted to. The testimony is somewhat contradictory, and with relation to some of the matters in dispute rather vague. For instance, the evidence as to whether Mr. or Mrs. Hill rented the McCracken farm is not clear, and beyond doubt the same is true perhaps in a less degree in relation to the deposit in the Belvidere Bank. However, the special master, who has much experience in the matter of sifting evidence and listening to witnesses, saw the witnesses who were produced on the one side and on the other, and had, of course, an opportunity to determine from their manner on the stand what weight should be given to their evidence. I think that notwithstanding the doubts which I have indicated the testimony on the whole is sufficient to support the report of the special master. At any rate, not enough positive testimony appears on behalf of the exceptants to justify me in disturbing the conclusions reached by the special master.
The result is that the exceptions must be overruled, with costs.