Supreme Court of South Carolina, 1931

Fairey v. Hildebrand

Supreme Court of South Carolina · Decided March 23, 1931 · Chiee, Brease, Messrs, Cothran, Stabler, Carter, Bonham

157 S.E. 841; 159 S.C. 515; 1931 S.C. LEXIS 239 (South Eastern Reporter)

Counsel

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 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Brease.

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.