Moore v. Tierney

Mr. Justice Walker :

I concur in holding that under the rules of chancery practice this court may, in such case, review the facts, until prohibited by enactment. But I hold that the General Assembly, by embracing chancery eases in the enumeration in section 88, as first adopted, did so to exclude all doubt that facts should be examined in such cases; but the intention does not appear by the amendatory act to prohibit their consideration.