Rittenberry v. Wharton
Supreme Court of Alabama
Appear from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Maybelle Wharton against Kate Rittenberry and her sureties, to set aside and annul a decree of final settlement of the guardianship and to reopen and settle guardianship accounts. From a decree overruling demurrers to the amended bill, respondents appeal.
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Appear from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Maybelle Wharton against Kate Rittenberry and her sureties, to set aside and annul a decree of final settlement of the guardianship and to reopen and settle guardianship accounts. From a decree overruling demurrers to the amended bill, respondents appeal. The decree of the probate court is conclusive on all matters which were involved on the issues upon which adjudication -was held. — Warring v. Lewis, 53 Ala. 615; OUs v. Largan, 53 Ala. 178. A decree cannot he brought into question except for some special cause…
1Opinion of the CourtDowdell, C. J.
This appeal is taken from a decree overruling the demurrers to the complainant’s amended bill.
The bill Avas filed by Mrs. Wharton, the appellee, against Mrs. Rittenberry, the appellant, as complainant’s former guardian, and the United States Fidelity & Guaranty Company, surety on the guardian’s bond, to set aside and annul a decree of final settlement of the *394guardianship, rendered by the probate court, on the ground of fraud, and to reopen and settle the guardianship accounts.
The case made by the bill is, in brief, as follows:
When the complainant was in her fourteenth year, her father died;…
2Cases cited10 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Humphreys v. BurlesonSupreme Court of Alabama · 1882
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Willis v. RiceSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Sims v. RigginsSupreme Court of Alabama · 1917
- Manegold v. BeavanSupreme Court of Alabama · 1914
- Wright v. FanninSupreme Court of Alabama · 1934
- Gaver v. EarlyCalifornia Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.