137 F.2d 154 | 1st Cir. | 1943
This case, brought under the Federal Interpleader Act, 43 Stat. 976, as amended by 49 Stat. 1096, 28 U.S.C.A. § 41(26), is here on appeal from a judgment of the District Court. Evidence was taken before a master and a report was filed by him in which he made findings of fact. These were adopted by the district judge.
The sole issue is whether the appellant relinquished all rights in two
We have carefully examined the record and cannot say that the master and the district court were clearly erroneous in concluding that Mrs. O’Hara returned the insurance policies on the 21st of September and relinquished all her rights in them.
The judgment of the District Court is affirmed with costs.
Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. “* * * Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.”
“Bule 1. These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81 4! * *