Stewart v. Lewis
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. Tried before the Hon. Adam C. Felder. Tub facts of this case will be found sufficiently set out in the opinion of the court. 1. Under the facts set forth in the record, the mother is entitled to compensation for the support of her son. — See Whipple v. Dow, 2 Mass. 415; Dawes v. Howard, 4 ib. 97. 2. The assertion in the record, that the mother was able to support her son, is a gratuitous opinion.
Read the full summary
Error to the Orphans’ Court of Montgomery. Tried before the Hon. Adam C. Felder. Tub facts of this case will be found sufficiently set out in the opinion of the court. 1. Under the facts set forth in the record, the mother is entitled to compensation for the support of her son. — See Whipple v. Dow, 2 Mass. 415; Dawes v. Howard, 4 ib. 97. 2. The assertion in the record, that the mother was able to support her son, is a gratuitous opinion. Whether the mother was able to support her son or not, isamatter of deduction or inference, and the inference must be based upon facts; and it cannot be…
1Opinion of the CourtParsons, J.
This cause came up from the final settlement of Stewart, as late guardian of William H. Lewis, then, and still an infant. The only error assigned is, that the court below refused to allow to Stewart on the settlement certain sums, which he had paid for the board of the ward. It appears by the bill of exceptions, taken by Stewart, on the final settlement, that “ the court refused to allow a charge in said account for board paid by said guardian to Winney Lewis, the mother of said William H. Lewis, amounting to forty-five dollars and fifty cents, for the year 1844; the same amount for 1845 for…
2Cases cited4 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Whipple v. DowMassachusetts Supreme Judicial Court · 1807
- Dawes v. HowardMassachusetts Supreme Judicial Court · 1808
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884
- Montgomery v. GivhanSupreme Court of Alabama · 1854
- Williams v. WilliamsSupreme Court of Alabama · 1919
- Farmer v. ColemanSupreme Court of Alabama · 1936
4 more not listed; retrieve them via the Exa API.