Powell v. Cobb

Supreme Court of South Carolina July 13, 1917

Powell v. Cobb, 93 S.E. 191 (S.C. 1917)

107 S.C. 503; 1917 S.C. LEXIS 182

Watts

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justicio Watts.

This is an appeal from a judgment of the Court of Common Pleas affirming a judgment of the magistrate’s Court rendered in favor of the plaintiff against the defendant for $65.

The exceptions complain of error in sustaining the facts found by the magistrate’s Court by his Honor, the Circuit Judge, and falure on the part of the Circuit Judge “to state conclusions of the law, together with concise statement of the facts, separately.”

1 The finding of fact in the Circuit Court in any appeal from magistrate’s Court will not be disturbed by this Court where there is any evidence to sustain that finding. In the case at bar the finding of facts in the magistrate’s Court were concurred in and affirmed by the Circuit Court.

2 We know of no law requiring the Circuit Judge in an appeal from magistrate’s Court “to state his conclusions of the law, together with a concise statement of facts, separately.”

The exceptions in the case are overruled, and judgment affirmed.

Reference

Full Case Name: Powell v. Cobb.
Status: Published
Syllabus: 1. Appeal and Error — Review—Findings.—A finding of fact in the Circuit Court in any appeal from the magistrate’s Court will not be disturbed by the Supreme Court where there is any evidence to sustain such finding. 2. Magistrates — Appeal—Statement op Conclusions op Law. — Whére findings of fact in a magistrate’s Court were concurred in and affirmed by the Circuit Court on appeal, the Circuit Judge was not required “to state his conclusions of the law, together with a concise statement of facts, separately.”