Shew

The Court heretofore filed its opinion, 1 Findings of Fact and Conclusions of Law and Judgment herein. Upon appeal and review by the Court of Appeals of this Circuit, the latter vacated our judgment and remanded the cause to us “with directions to make findings as to whether Ly Shew was the father of Moon and Ning, such findings to be made in the light of this opinion [Appellate court] and thereupon enter such judgment as may be proper.”

The opinion 2 of the Court of Appeals stated that: “On the issue thus raised, Moon and Ning had the burden of proof, which is to say, the burden of proving that Ly Shew was their father.” That burden, the opinion states, was “the ordinary one”, x. e. “the ordinary burden of proof resting on plaintiffs in civil actions”. As to whether plaintiffs sustained that burden, the Court of Appeals expressed no opinion.

Recognizing that some of the evidence introduced by plaintiffs was uncontroverted, the opinion stated that we were “not required to believe such evidence or to accept it as true.”

*114 Upon filing of the mandate here, we heard arguments from counsel with respect to new findings and judgment.

The statement of Chief Judge Denman in his…