In Re: Alkire's Estate Callison v. Smith

Upon further consideration of this record, sua sponte, we have examined the actions of the circuit judge to determine whether he exceeded his jurisdiction and usurped the functions of the county judge's court as a trial court by making independent findings of fact and by passing upon the weight of evidence and credibility of witnesses on the printed record as a trial court, but failed to given any consideration to the force and effect of the judgment of the county judge's court, and by failing to confirm the judgment of the county judge's court, there being substantial evidence in the record…