Opinion
9759
July 13, 1917.
Before HON.W.P. GREENE, special Judge, Edgefield.
Action by Frank B. Powell, by his guardian ad litem, against Mrs. Elizabeth C. Cobb. From a judgment of the Court of Common Pleas affirming a judgment of the magistrate's Court for plaintiff, defendant appeals.
Messrs. P.B. Mayson and S.M. Smith, for appellant, cite: As to the judgment on appeal in Circuit Court: Code Civ. Proc. 383. Lack of evidence to support judgment: 44 S.E. 385. Fraud: 3 Pom. Eq. Juris., sec. 1415; 88 S.E. 537; 19 S.C. 385; 20 S.C. 507, 508; 60 S.E. 522. Mr. S. McG. Simkins, for respondent, cites: As to proceedings on appeal in Circuit Court: Code Civ. Proc., sec. 397. In Supreme Court: 103 S.C. 95 and 424; 100 S.C. 443; 62 S.C. 405; 74 S.C. 367. Findings of fact conclusive: 101 S.C. 429; 73 S.C. 198; 103 S.C. 200; 73 S.C. 296; 94 S.C. 40; 95 S.C. 437; 100 S.C. 308.
July 13, 1917. The opinion of the Court was delivered by
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 failure on the part of the Circuit Judge "to state conclusions of the law, together with concise statement of the facts, separately."
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.
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.