United States Fidelity & Guaranty Co. v. Harton
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit by the United States Fidelity & Guaranty Company against H. M. Hartón. From an order overruling motion for temporary injunction, complainant appeals.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit by the United States Fidelity & Guaranty Company against H. M. Hartón. From an order overruling motion for temporary injunction, complainant appeals. The bill in this cause was filed by appellant against the appellee, and sought to enjoin the appellee from enforcing against appellant, by execution, garnishment, or otherwise, a judgment which had been theretofore rendered in favor of said appellee by the Supreme Court of Alabama, on an appeal from a judgment rendered by the probate court of Jefferson county. The facts, as…
1Opinion of the CourtGardner, J.
[1] It thus appears from the foregoing statement of the case that, by this bill the surety seeks to assert a defense which it is insisted the .guardian could and should have made against the claim of the ward on account of moneys received in settlement of the litigation instituted by him— and this is sought to be done after the matters here complained of have become the subject of contest on the final settlement in the probate court, and finally adjudicated in this court — resulting in a final judgment in favor of the ward against the guardian.
It is now settled law in this jurisdiction that,…
2Cases cited8 opinions
- Williamson v. HowellSupreme Court of Alabama · 1843
- Martin v. TallySupreme Court of Alabama · 1882
- Chilton v. ParksSupreme Court of Alabama · 1849
- Hailey v. Boyd's Adm'rSupreme Court of Alabama · 1879
- Smith v. JacksonSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Courson v. TollisonSupreme Court of Alabama · 1933
- Bean v. HarrisonSupreme Court of Alabama · 1925
- Watson v. WhiteSupreme Court of Alabama · 1927
- Russell v. First Nat. Bank of HartselleSupreme Court of Alabama · 1938