Speer v. McKee

OPINION

By BARNES, PJ.

Considering the provisions of the Code in connection with the original papers before us, it necessarily follows that the action of the Probate Court must have been *79predicated upon evidence, and in the absence of a bill of exceptions we have no means of determining whether or not the Probate Court abused his discretion in his judgment of removal. As between counsel’s affidavit claiming no evidence and the judgment of the court setting forth with his determination that the cause was heard on the application * * and the evidence, we must accept the judgment of the court.

The…