Daniels v. Smith
Daniels v. Smith
Opinion of the Court
The appellant filed two claims against the estate of his deceased brother, Morgan G. Daniels, one for $10,271.21, claimed to be due upon an account .stated, and one for $600.61, claimed to be due upon open account. Upon trial in the county court, the first claim was disallowed, and, on the second, $480.16 was allowed. Upon appeal to the circuit court, the action was tried by the court, and findings were made to the effect that neither claim was proven to be just, and both were disallowed.
The appellant claims that these findings are against the clear preponderance of the evidence. We have examined the evidence and the opinion of the trial judge, and we think the evidence fairly supports the findings. While it is true that there is evidence on the part of the claimant which is not specifically contradicted by any witness, it is also true
By the Court.— Judgment affirmed.
Reference
- Full Case Name
- Daniels v. Smith, Administrator
- Status
- Published