Hutton v. Williams
Supreme Court of Alabama
Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. Tbe bill in this case was filed on tbe 22d March, 1873, by Emmett O. Hutton, against David H. Williams, his late guardian, and one Whitfield Walker, as the debtor of said Williams.
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Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. Tbe bill in this case was filed on tbe 22d March, 1873, by Emmett O. Hutton, against David H. Williams, his late guardian, and one Whitfield Walker, as the debtor of said Williams. The chancellor considered and treated it as a bill to surcharge and falsify the settlements of the guardian’s accounts in the Probate Court of Greene, hereinafter mentioned ; but this court holds that it should be treated as a bill to compel a settlement of the guardian’s accounts, regardless of these settlements. The prayer of the bill…
1Opinion of the CourtBrickell, C. J.
The question first arising in this ease is the effect of the final settlement of the appellee, Williams, as guardian of the appellant, made in the Court of Probate, on the 6th day of February, 1866. If that settlement is valid and operative against the complainant — if the court had jurisdiction of his person, as it certainly had of the subject-matter — the decree rendered thereon is conclusive, until impeached for fraud, or for errors occurring without his fault or neglect. But, if it is not valid against him, as a judicial proceeding — if the court, though having jurisdiction of the…
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3Cited by6 opinions
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