Binford v. Binford
Supreme Court of Alabama
Eeboe to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walkeb. Addison H. Binford, the plaintiff in error, made a final settlement in 1848, with the Orphans’ Court of Limestone, of his guardianship of Robert H. Binford, the defendant in error.
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Eeboe to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walkeb. Addison H. Binford, the plaintiff in error, made a final settlement in 1848, with the Orphans’ Court of Limestone, of his guardianship of Robert H. Binford, the defendant in error. The record shows, that forty days’ notice of this settlement was given by publication according to law; that the guardian’s accounts and vouchers were filed for the same length of time; and that when the accounts and vouchers were audited and examined, a balance was found in favor of the ward, for which a decree was rendered. No…
1Opinion of the CourtGoldthwaite, J.
The only, question necessary to consider in this case, arises upon the action of the Circuit Court in overruling the motion there made to dismiss the writ of error. The decree of the Orphans’ Court was rendered in 1848; the writ of error was not sued out until 1852; and'it has been settled by this court, that the period of limitation for writs of error upon decrees of the Orphans’ Court, is three years. Bohannan v. Watts, 14 Ala. 574.
This would appear to be decisive of the case; but it is urged on the part of the defendant in error, that he was not a party to the decree rendered in 1848, not…
2Cases cited2 opinions
- Watson v. MaySupreme Court of Alabama · 1845
- Bohannan v. WattsSupreme Court of Alabama · 1848
3Cited by3 opinions
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Jones v. DrewrySupreme Court of Alabama · 1882
- Boykin v. KernochanSupreme Court of Alabama · 1854