FAIREY et al. v. HILDEBRAND

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Docket Number

13097

Attorney(S)

Messrs. Brantley Zeigler, for appellant: No charge can be made for services intended to be gratuitous when rendered: 2 Bay, 101; 2 Bail., 308. Burden on Claimants to show services were performed under contract: 40 Cyc., 2923; 28 R.C.L., 677; 102 S.E., 20; Character of service is mixed question of law and fact: 38 S.C. 158. Messrs. Wolfe Wolfe, for respondent, cite: Law case and findings of fact not reviewable: Code Proc. 1922, Sec. 185; 82 S.C. 40; 62 S.E., 254; 13 S.C. 37.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

13097

Attorney(S)

Messrs. Brantley Zeigler, for appellant: No charge can be made for services intended to be gratuitous when rendered: 2 Bay, 101; 2 Bail., 308. Burden on Claimants to show services were performed under contract: 40 Cyc., 2923; 28 R.C.L., 677; 102 S.E., 20; Character of service is mixed question of law and fact: 38 S.C. 158. Messrs. Wolfe Wolfe, for respondent, cite: Law case and findings of fact not reviewable: Code Proc. 1922, Sec. 185; 82 S.C. 40; 62 S.E., 254; 13 S.C. 37.

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FAIREY ET AL. v. HILDEBRAND.

March 23, 1931. The opinion of the Court was delivered by

MR. CHIEF JUSTICE BLEASE.Page 520

It is well established that in a law case this Court will not disturb findings of fact of the probate Court, concurred in by the Circuit Court, when there is any evidence to support such findings. It is needless to cite any of the many authorities sustaining this proposition. There was evidence in this case to warrant the findings of fact of the Probate Judge, which were approved, on appeal by the Circuit Judge.

We find no error of law in the holdings of the Circuit Judge. The decree, which will be reported, is affirmed.

MESSRS. JUSTICES COTHRAN, STABLER, CARTER and BONHAM concur.

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FAIREY ET AL. v. HILDEBRAND.

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