Alston v. Alston
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Wade Keyes. The bill in this case was filed by Nathaniel Y. Alston,against William J. Alston, his father, and the administrator of William Cade, deceased, who was his father’s surety; and sought a settlement and account of his father’s guardianship.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Wade Keyes. The bill in this case was filed by Nathaniel Y. Alston,against William J. Alston, his father, and the administrator of William Cade, deceased, who was his father’s surety; and sought a settlement and account of his father’s guardianship. The property which went into the possession of said William J. Alston, as the guardian of said Nathaniel Y., consisted of slaves and money, and was bequeathed to said Nathaniel Y. by William B. Cade, bis uncle, who died in Marengo county in March, 1835. The bequest to said Nathaniel…
1Opinion of the CourtA. J. Walker, C. J.
The decree of the court below must be reversed, because one of the defendants had never been served with any notice of, or subpoena to answer, a matei’ial amendment to which an answer by such defendant was required.
The fault for which wé decide to reverse the case, seems not to have been observed by the chancellor or the counsel in the court below; and now, for the guidance of the chancery court in its future proceedings, we proceed to consider the questions reaching the merits of the case, which were decided by the chancellor, and, we suppose, discussed beforfe him.
[2.] The most * important…
2Cases cited19 opinions
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- United States v. TingeySupreme Court of the United States · 1831
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Montgomery v. GivhanSupreme Court of Alabama · 1854
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3Cited by34 opinions
- Rigdon Ex Rel. Rigdon v. RigdonCourt of Appeals of Kentucky (pre-1976) · 1971
- Lee v. LeeSupreme Court of Alabama · 1876
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Christopher v. ChristopherSupreme Court of Alabama · 2013
29 more not listed; retrieve them via the Exa API.