Legal Opinion

Jones v. Knox

Supreme Court of Alabama

Decided June 15, 1874PublishedCited by 2 opinions

Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Feldeb. The original bill in this case was filed on the 23d June, 1869, by Edward N. Knox, an infant, who sued by his next friend, against Richard Jones and Smith Cullom, the sureties on the official bond of his deceased guardian, William Knox, and sought a settlement of the accounts of the deceased guardian.

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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Feldeb. The original bill in this case was filed on the 23d June, 1869, by Edward N. Knox, an infant, who sued by his next friend, against Richard Jones and Smith Cullom, the sureties on the official bond of his deceased guardian, William Knox, and sought a settlement of the accounts of the deceased guardian. The letters of guardianship were granted by the probate court of Montgomery, on the 29th January, 1859. On the 29th June, 1868, the guardian made an annual or partial settlement of his accounts with said probate…

1Opinion of the CourtPeters, C. J.

The only question remaining in this case, yet to be settled, if the decision in Jones & Cullom v. Knox (46 Ala. 53) is to be adhered to, — and I see no sufficient reason for disturbing it, — is the question raised by the amended bill, which was filed in the court below after the cause was remanded upon the decision above referred to. This amendment *370alleges, in effect, that tbe complainant, Knox, wbo is tbe appellee here, bad' no notice of tbe proceedings in bankruptcy, whether by publication in a newspaper, or by mail, in which tbe appellant, Jones, obtained tbe discharge on which he relies…

2Cases cited7 opinions

  1. Boswell's Lessee v. OtisSupreme Court of the United States · 1850
  2. Webster v. ReidSupreme Court of the United States · 1851
  3. Hollingsworth v. BarbourSupreme Court of the United States · 1830
  4. The Lessee of Walden v. Craig's HeirsSupreme Court of the United States · 1840
  5. Jones & Cullom v. KnoxSupreme Court of Alabama · 1871

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3Cited by2 opinions

  1. Moore Bros. v. CowanSupreme Court of Alabama · 1911
  2. State v. GastonSupreme Court of New Jersey · 1890

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