Carlisle v. Tuttle
Supreme Court of Alabama
Appeal from tlie Probate Court of Perry. The original petition in tbis case was filed by Samuel B. Tuttle and Lucretia, Ms wife, to obtain an order for the removal of the property of Elihu Carlisle, a minor child of Elihu Carlisle, deceased, to the State of Connecticut. It alleged, that Mrs. Tuttle, who was the widow of said Elihu.
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Appeal from tlie Probate Court of Perry. The original petition in tbis case was filed by Samuel B. Tuttle and Lucretia, Ms wife, to obtain an order for the removal of the property of Elihu Carlisle, a minor child of Elihu Carlisle, deceased, to the State of Connecticut. It alleged, that Mrs. Tuttle, who was the widow of said Elihu. Carlisle, deceased, was appointed guardian of said minor on the 10th August, 1854, while she was sole and unmarried, and duly qualified as such guardian according to the -laws of Connecticut; that she and her said husband are resident citizens of the district of…
1Opinion of the CourtWalker, J.
The permission to file the amended petition was not erroneous. The amendment did not make a new case. It merely supplied the defects in the case *622previously made, as to allegations and parties ; which may be done in the probate, as well as in the chancery court. Martin v. Martin, 22 Ala. 86.
The object of the petition was the removal of the infant’s property to another State. The amended petition disclosed in what the property consisted, and that the administrator was interested in the proceeding, because he still had in his hands undistributed assets, which would be within the operation of the…
2Cases cited7 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Pistole v. StreetSupreme Court of Alabama · 1837
- Slaughter v. CunninghamSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Gunn v. HowellSupreme Court of Alabama · 1859
- Ex Parte FletcherSupreme Court of Alabama · 1932
- Gravett v. MaloneSupreme Court of Alabama · 1875
7 more not listed; retrieve them via the Exa API.