Cunningham v. Pool
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Perry. This was a proceeding for the settlement of the accounts of a guardianship. It appears from the transcript, that the defendant in error was appointed in June, 1833, by the Orphans’ Court of Perry, as the guardian of the person and estate of Margaret A. Utley, an infant heir of William S. Utley, deceased, and entered into bond with surety accordingly.
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Writ of Error to the Orphans’ Court of Perry. This was a proceeding for the settlement of the accounts of a guardianship. It appears from the transcript, that the defendant in error was appointed in June, 1833, by the Orphans’ Court of Perry, as the guardian of the person and estate of Margaret A. Utley, an infant heir of William S. Utley, deceased, and entered into bond with surety accordingly. In March, 1845, a decree was rendered, reciting that the guardian had previously filed his accounts and vouchers for settlements, that publication as required by the statute had been duly made, and…
1Opinion of the CourtCollier, C. J.
The mere fact that the guardian re*620turned to the Orphans’ Court from time to time, a statement of the account between the ward and himself, the ordering of the same, by the court, to be recorded, and stating the balance upon the record according to the facts, is certainly not res adjudicata. It does not preclude either party from showing an error in such returns, or estop the court when called upon to adjust the accounts upon final settlement, from examining all the matters of debit and credit, from the time the guardianship commenced, and rendering such decree as may be proper, upon a view of…
2Cited by6 opinions
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Moody v. BibbSupreme Court of Alabama · 1874
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Rittenhouse v. KempIndiana Supreme Court · 1871
- Hastings v. HuberSupreme Court of Alabama · 1941
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