Wright v. Clough
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. This was a proceeding in the Orphans’ Court of Dallas, at the instance of the defendant against the plaintiff in error, who was his guardian, and who had removed' from the State, to compel a settlement of his guardianship. The plaintiff in error having failed to appear in obedience to the notice given by publication, the court proceeded to state an account and to render a final decree against him at the same term.
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Error to the Orphans’ Court of Dallas. This was a proceeding in the Orphans’ Court of Dallas, at the instance of the defendant against the plaintiff in error, who was his guardian, and who had removed' from the State, to compel a settlement of his guardianship. The plaintiff in error having failed to appear in obedience to the notice given by publication, the court proceeded to state an account and to render a final decree against him at the same term. The errors assigned will be sufficiently understood by reference to the opinion. 1. It does hot appéar that the order for publication was made…
1Opinion of the CourtChilton, J.
Tt is insisted that the order of publication is defective; 1st, because it does .not require the guardian-to file his accounts and 'vouchers; 2d, in his not being required to appear at a regular term of the Orphans’ Court. It is further insisted that the publication does not appear to have been properly made, and that conceding it to have been so made, that then the court transcended its authority in pronouncing final decree on the day designated in the publication.
The order of publication is as follows: “It appearing to the satisfaction of the court, that Jesse G. Wright, guardian of the…
2Cases cited3 opinions
- Butler v. ButlerSupreme Court of Alabama · 1847
- Davis v. DavisSupreme Court of Alabama · 1844
- Treadwell v. BurdenSupreme Court of Alabama · 1845
3Cited by1 opinion
- Bogia v. DardenSupreme Court of Alabama · 1867