Painter v. Mauldin
Supreme Court of Alabama
Appeal from Dale Probate Court. Tried before Hon. W. W. Morris. On May the 12th, 1897, W. C. Matthews made and concluded a final settlement of his guardianship of the estate of Mary and Whitefield Mauldin, and a decree was rendered against him for $606.42, directing that execution issue against him and the sureties on his bond, viz: J. N. Sansburry, G. D. May, and W. It. Painter.
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Appeal from Dale Probate Court. Tried before Hon. W. W. Morris. On May the 12th, 1897, W. C. Matthews made and concluded a final settlement of his guardianship of the estate of Mary and Whitefield Mauldin, and a decree was rendered against him for $606.42, directing that execution issue against him and the sureties on his bond, viz: J. N. Sansburry, G. D. May, and W. It. Painter. Execution urns issued June 15, 1897, and levied on certain property of said Painter, who, thereupon filed his motion to quash the execution. The admitted facts as referred to in the opinion are stated in the sixth…
1Opinion of the CourtColeman, J.
Upon final settlement of his ac*92counts by W. C. Matthews as guardian, execution issued against him and certain parties as sureties on his bond. The appellant moved the court to quash the execution, and the present appeal is prosecuted from the orders and judgment of the court upon the motion to quash the execution. There are several assignments of error, but only two material questions are raised. It is an admitted fact, that the guardian himself, the principal, though his name appears in the body of the bond, never signed the bond; and the facts stated in the motion, which are admitted to be…
2Cases cited2 opinions
- Gay v. MurphySupreme Court of Missouri · 1896
- City of Deering v. MooreSupreme Judicial Court of Maine · 1893
3Cited by6 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Birmingham News Co. v. MoseleySupreme Court of Alabama · 1932
- Matthews v. MauldinSupreme Court of Alabama · 1904
- McKissack v. McClendonSupreme Court of Alabama · 1901
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