Whitten v. Graves
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the final settlement of ■ the accounts and vouchers of Peyton T. Graves, as guardian of Christiana (or Anna) Turner, a minor, now the wife of Charles H. ■ Whitten.
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Appeal from the Probate Court of Lowndes. In the matter of the final settlement of ■ the accounts and vouchers of Peyton T. Graves, as guardian of Christiana (or Anna) Turner, a minor, now the wife of Charles H. ■ Whitten. The letters of guardianship were granted by said probate court on the 5th November, 1863; and the guardian filed his accounts and vouchers for a final settlement on the 23d December, 1885. On the 22d January, 1866, a decree as on final settlement was rendered by the court, but it was not entered on the minutes. On.the 16th May, 1866, Charles H. Whitten filed his petition in…
1Opinion of the CourtByrd, J.
1. The appellant, C. H. Whitten, filed a petition, which is.set out in full in the bill of exceptions; and it appears from the bill that the appellee interposed a demurrer to the petition, -and that the court sustained the demurrer, and overruled the petition. In the absence of grounds of demurrer assigned, we must presume that some were assigned specially, in order to sustain the ruling of the court below. — Newsom v. Huey, 36 Ala. 37.
The next question is, whether we are bound to look into the petition, to see if any special ground could have been assigned, which should have been sustained.…
2Cases cited2 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Newsom v. HueySupreme Court of Alabama · 1860
3Cited by4 opinions
- James v. StateSupreme Court of Alabama · 1875
- Savage v. StateAlabama Court of Appeals · 1921
- Lipscomb v. Bessemer Board of EducationSupreme Court of Alabama · 1952
- Savage v. StateAlabama Court of Appeals · 1921