Fortin v. Wilensky, 142 Me. 372 (1947)

Citation: Fortin v. Wilensky, 142 Me. 372 (1947)
Parent Document: Fortin v. Wilensky, 142 Me. 372 (1947)
Jurisdiction: Maine (state)
Effective Date: 1947-05-19
Original Source: https://www.courtlistener.com/opinion/5122679/fortin-v-wilensky/ ↗

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When a cause in equity comes up on appeal it is, of course, the duty of the Law Court to determine whether, upon the record, the decree of the Court below was correct; but the decision of the single justice, on matters of fact, will not be reversed unless clearly erroneous, and the burden of showing such error falls upon the appellant. Whitehouse Equity (1st Ed.) 653, 655, Pars. 628, 631; Young v. Witham, 75 Me., 536; King v. Metropolitan, 127 Me., 543, 142 A., 780; Brickley v. Leonard, 129 Me., 94, 149 A., 833; Cloutier v. Giguere, 130 Me., 508, 152 A., 853; Savings Institution v. Johnston, 133 Me., 445, 180 A., 322.

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