Harton v. Little
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Bill by William M. Little against Hugh M. Hartón, to which Hartón filed an answer. Hartón was after-wards adjudged insane and Charles B. Powell was appointed guardian and guardian ad litem, and filed a cross bill, seeking affirmative relief. There was a decree dismissing the original bill at the instance of the ■complainant, after the interposition of the cross bill, •carrying the cross bill out with it.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Bill by William M. Little against Hugh M. Hartón, to which Hartón filed an answer. Hartón was after-wards adjudged insane and Charles B. Powell was appointed guardian and guardian ad litem, and filed a cross bill, seeking affirmative relief. There was a decree dismissing the original bill at the instance of the ■complainant, after the interposition of the cross bill, •carrying the cross bill out with it. From this decree the guardian- ad litem appeals. The decree was such a decree as will support an appeal. — Etowah M. Go\…
1Opinion of the CourtMcCLELLAN, J.
This appeal is from a decree dismissing, at complainant’s instance, the original bill as against Hugh M. Hartón and Charles B. Powell as guardian and as guardian ad litem of Hugh M. Hartón after such guardian and guardian ad litem had interposed a cross-bill in the cause. The contention of the appellant is that the cross bill set forth ground for equitable relief, growing out of the subject-matter of the original bill, independent of the averments of the original bill. The principle appealed to is well recognized. *342—Etowah Mining Co. v. Wills Valley Mining Co., 121 Ala. 672, 25 South. 720. The…
2Cases cited5 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898
- Dill v. ShahanSupreme Court of Alabama · 1854
- Graham v. TankersleySupreme Court of Alabama · 1849
- McAnally v. Alabama Insane HospitalSupreme Court of Alabama · 1895
3Cited by6 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Wilson v. HendersonSupreme Court of Alabama · 1917
- Behan v. FriedmanSupreme Court of Alabama · 1927
- Lanier v. HendersonSupreme Court of Alabama · 1933
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