This court on appeal must view the evidence in the light most favorable to plaintiff and if, in the entire record, there is any competent evidence to support the findings of the trial court, the judgment must be affirmed. See In re Swank's Estate, 163 Or. 367, 97 P.2d 723 (1940); Hiller v. Smith, 171 Or. 428, 137 P.2d 828 (1943); Richter v. Derby, 135 Or. 400, 295 P. 457 (1931); Jacobson v. Holt, 121 Or. 462, 255 P. 901 (1927). An implied contract to pay the reasonable value for services rendered arises from the acceptance of beneficial labor from one not a member of the recipient's family unless a contrary situation is exhibited.
Upon the disallowance of a claim against an estate by the administrator thereof, the creditor has his choice of remedies. He may, after the expiration of six months from the granting of letters of administration, institute an action for the recovery of the claim directly in the circuit court (Oregon Code 1930, ยงยง 5-709, 5-710), or he may institute proceedings in the probate court. Oregon Code 1930, ยง 11-504; Pruitt v. Muldrick, 39 Or. 353 ( 65 P. 20); In re McCormick's Estate, 72 Or. 608 ( 143 P. 915, 144 P. 425); Jacobson v. Holt, 121 Or. 462 ( 255 P. 901). The administrator filed, with the clerk of the county court of Klamath county, plaintiffs' claim with his action thereon as above quoted.
The former decisions of this court holding to this effect are so numerous and the holdings of the court have been so uniform that the citation of authorities would seem to be unnecessary. We cite, however, Jacobson v. Holt, 121 Or. 462 ( 255 P. 901), and State v. Farnham, 114 Or. 32 ( 234 P. 806), and authorities cited in the last case. Another objection urged by plaintiffs, coming within the same category and subject to the same ruling as the objection just considered, is that, under section 4 of article 7 of the former constitution, which section is not contained in the amendment, every vacancy in the office of justice of the supreme court shall be filled by election or by appointment of the governor.
Citing Seaton v. Security S. T. Co., 131 Or. 261, 268, 282 P. 556 (1929). Citing Wagner v. Savage, as Adm'r, supra, n. 1; Jacobson v. Holt, 121 Or. 462, 468, 255 P. 901 (1927); and Re Estate of Banzer, 106 Or. 654, 658, 213 P. 406 (1923). Citing Wagner v. Savage, as Adm'r, supra, n. 1, and Jacobson v. Holt, supra, n. 8.
In like vein, this court ruled that amended Art VII authorized the legislature to abolish the county court or alter its jurisdiction. In re Will of Pittock, 102 Or. 159, 199 P. 633, 202 P. 216, 17 ALR 218; Astoria v. Cornelius, 119 Or. 264, 240 P. 233; Jacobson v. Holt, 121 Or. 462, 255 P. 901. The county court for Jackson county as such has been abolished, and, as we have seen, today possesses no judicial power; therefore, amended Art VII, ยง 1, no longer confers upon the incumbent a term of six years.
She is, therefore, entitled to recover the value of her services. Jacobson v. Executors, etc., 3 Johns. 199; Robinson v. Raynor, 28 N. Y., 494; Campbell v. Campbell, 65 Barb., 639; Reynolds v. Robinson, 64 N. Y., 589; Emery v. Smith 46 N. H., 151; Sutton v. Rowley, 44 Mich., 112; Welch v. Lawson, 32 Miss., 170; Bender v. Bender, 37 Pa. St., 419; Alderson v. Maddison, L. R. 8 App. Cases, 457 (35 Moak's Eng. Rep. 790); Clark v. Davidson, 53 Wis., 317; Howard v. Brower, 37 Ohio St., 402; Wood, Frauds, sections 221, 235. Many other cases might be cited which support and illustrate the conclusions reached, but those referred to are deemed sufficient. The value of the services is to be determined without any reference to the value of the estate of the intestate.