Ashford v. Patton
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before the Hon. H. O. Speake. The bill in this case was filed on the 22d August, 1876, by Thomas and Frederick Ashford, infant children and heirs at law of Thomas IT. Ashford, deceased, against William R. Patton, and the widow and personal representative of said Thomas IT.
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Appeal from the Chancery Court of Limestone. Heard before the Hon. H. O. Speake. The bill in this case was filed on the 22d August, 1876, by Thomas and Frederick Ashford, infant children and heirs at law of Thomas IT. Ashford, deceased, against William R. Patton, and the widow and personal representative of said Thomas IT. Ashford; and sought to review and reverse, on the ground of error apparent, a decree which said court had rendered on the 27th May, 186S, in a cause wherein said Patton was complainant, and the personal representative, widow and heirs at law of said Thomas H. Ashford were…
1Opinion of the CourtBrickell, C. J.
In courts of equity, infant defendants must be represented by a guardian ad litem appointed by the court. The duty of the guardian is to put in proper defense for the infant; and lie is responsible for tire propriety and conduct of the defense, and is subject to the censure of the court, and to removal, if he neglects it.—Knickerbocker v. De Forrest, 2 Paige, 304. It is his special duty to submit, for the consideration and decision of the court, every question in the suit touching the rights and interests of the infant.—Dow v. Jewell, 21 N. H. 480. If there be not a necessity for an answer…
2Cases cited5 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Knickerbacker v. De FreestNew York Court of Chancery · 1830
- Webb v. PellNew York Court of Chancery · 1831
- Evans v. ClementIllinois Supreme Court · 1852
3Cited by12 opinions
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Turner v. TurnerSupreme Court of Alabama · 1915
- Barrow v. LindseySupreme Court of Alabama · 1935
- Wilson v. SchaeferTennessee Supreme Court · 1901
- Banks v. LongSupreme Court of Alabama · 1885
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