Civil Procedure - appeals - matters of fact - trial by judge alorie - presumption that decision on facts correct - appellate court to disturb findings only if certain that trial judge failed to consider material circumstances or obvious inconsistencies in evidence: When an appeal is taken from the decision of a judge without a jury, there is a presumption that the trial judge's decision on the facts was correct since only he has the opportunity to judge the relative credibility of witnesses; an appellant who claims that the decision was against the weight of the evidence must therefore displace this presumption and may do so if he can show that the trial judge clearly failed to take account of particular material circumstances or of obvious inconsistencies in the evidence; if the appeal court remains in any doubt it should not disturb the judge's findings of fact (page 44, lines 3-11; page 44, line 27- page 45, line 9). 

 Civil Procedure - appeals - point not taken below- if objection not made when possible in lower court, may not be raised for first time on appeal: An appeal court will not permit a party to raise an objection, such as one concerning the admissibility of evidence, for the first time on appeal when he failed to take the opportunity in the lower court to obtain judgment on the matter (page 43, lines 25-31).