U. S. Fidelity & Guaranty Co. v. Pittman
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Bill by Eva Pittman and another against the United States Fidelity & Guaranty Company and others, for an accounting. Decree for complainants and respondetss appeal.
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Appeal from Marshall Chancery Court. Bill by Eva Pittman and another against the United States Fidelity & Guaranty Company and others, for an accounting. Decree for complainants and respondetss appeal. The judgment or decree of a court of competent jurisdiction, whether the jurisdiction is exclusive or concurrent, not assailed on error on appeal to an appellate jurisdiction, is final and conclusive; and this finality or conclusiveness applies not only to the facts actually litigated and decided, but to all facts necessarily involved in the judgment or decree. Waring v. Lewis, 53 Ala. 615;…
1Opinion of the CourtSayre, J.
— Complainants' (appellees), by their present guardian, filed this bill for an accounting against their former guardian, J. Grover Pittman, now deceased, and the Fidelity Company as surety on his bond. The deceased guardian is represented in the *605cause by the defendant Elrod, appointed to administer the former guardian’s estate in succession to George E. Lee, after a decree of insolvency.
The settlement had in the probate court between these complainants and Lee, as administrator of the estate of the former guardian, and the decree there rendered were res inter alios as to the surety, the…
2Cases cited11 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Moog v. BarrowSupreme Court of Alabama · 1893
- McKenzie v. BaldridgeSupreme Court of Alabama · 1873
- Presley v. WeakleySupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Martin v. BainesSupreme Court of Alabama · 1928
- Pool v. MenefeeSupreme Court of Alabama · 1921
- Johnson v. Pinckard & LaySupreme Court of Alabama · 1916
- Cowan v. PerkinsSupreme Court of Alabama · 1926
- United States Fidelity & Guaranty Co. v. HartonSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.