McDOWELL et al. v. CUNNINGHAM et al

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Docket Number

12221

Attorney(S)

Messrs. Mayes Featherstone, for appellants, cite: In cases of conflicting presumptions, that in favor of legitimacy will prevail: 7 C.J., 940; Id., 945; 118 S.C. 420; 3 R. C.L., 725. Recognition by father: 36 S.C. 545; 93 S.C. 435, 440. Moral marriage: 33 S.C. 79. Messrs. W.H. Nicholson and R.F. Davis, for respondents, cite: Recognition by a putative father will not legitimatize unless child is the product of a moral marriage: 61 S.C. 411. Presumption of lower Court in case at bar merely one of the evidentiary facts that influenced the finding of fact: 101 S.C. 40; 118 S.C. 420. Where the evidence supports the findings of fact, the view of the trial Court as to burden of proof is immaterial: 122 S.C. 461. Incumbent an appellant to show that circuit decree is against the weight of evidence: 12 S.C. 346; 124 S.C. 506; 125 S.C. 68; 127 S.C. 141; 116 S.C. 97; 92 S.C. 113. Purpose of Slave Marriage Act: 33 S.C. 81. Applied only to children of a moral marriage: 77 S.C. 232; 93 S.C. 444; 3 R.C.L., 724; 89 S.C. 490.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

12221

Attorney(S)

Messrs. Mayes Featherstone, for appellants, cite: In cases of conflicting presumptions, that in favor of legitimacy will prevail: 7 C.J., 940; Id., 945; 118 S.C. 420; 3 R. C.L., 725. Recognition by father: 36 S.C. 545; 93 S.C. 435, 440. Moral marriage: 33 S.C. 79. Messrs. W.H. Nicholson and R.F. Davis, for respondents, cite: Recognition by a putative father will not legitimatize unless child is the product of a moral marriage: 61 S.C. 411. Presumption of lower Court in case at bar merely one of the evidentiary facts that influenced the finding of fact: 101 S.C. 40; 118 S.C. 420. Where the evidence supports the findings of fact, the view of the trial Court as to burden of proof is immaterial: 122 S.C. 461. Incumbent an appellant to show that circuit decree is against the weight of evidence: 12 S.C. 346; 124 S.C. 506; 125 S.C. 68; 127 S.C. 141; 116 S.C. 97; 92 S.C. 113. Purpose of Slave Marriage Act: 33 S.C. 81. Applied only to children of a moral marriage: 77 S.C. 232; 93 S.C. 444; 3 R.C.L., 724; 89 S.C. 490.

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Smart Summary

McDOWELL ET AL. v. CUNNINGHAM ET AL.

June 16, 1927. The opinion of the Court was delivered by

Mr. Chief Justice Watts.

For the reasons stated by his Honor, Judge Shipp, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

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

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