Hibbett v. Pruitt

In this cause, tried according" to the forms of the chancery court and involving’ an issue of fact, an appeal was taken from the chancellor’s decree to the Court of Appeals. Instead of re-examining “the whole matter of law and fact appearing in the record, ’ ’ according to the provisions of section 4887, Thompson’s-Shann on’s Code, the latter court said:

“With respect to the question of fact thus presented . . . we are of the opinion that the chancellor’s find ing is conclusive on this court by virtue of the operation of the Act of 1929, chapter 94 . . . "Where we find the evidence in…