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Mcavoy v. Rush

Supreme Judicial Court of Maine
Jan 7, 1969
248 A.2d 764 (Me. 1969)

Opinion

January 7, 1969.

Appeal from the Superior Court, Aroostook County.

Forrest W. Barnes, Houlton, for plaintiff.

Thomas O. Bither, Houlton, for defendants.

Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, DUFRESNE and WEATHERBEE, JJ.


This is an appeal from the decision of a single Justice to whom the case was submitted without either jury or complete record of the evidence.

Upon cases so submitted "(f)indings of fact shall not be set aside unless clearly erroneous," Rule 52 M.R.C.P., which but declares long standing law, and the burden is upon appellant to demonstrate clear error. Sowles v. Beaumier, Me., 227 A.2d 473, 475.

Without a record of the testimony we have nothing by which to measure the findings of fact upon which decision rests.

Appeal dismissed.


Summaries of

Mcavoy v. Rush

Supreme Judicial Court of Maine
Jan 7, 1969
248 A.2d 764 (Me. 1969)
Case details for

Mcavoy v. Rush

Case Details

Full title:Richard McAVOY v. Andrew P. RUSH and Edna M. Rush

Court:Supreme Judicial Court of Maine

Date published: Jan 7, 1969

Citations

248 A.2d 764 (Me. 1969)

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