Allman v. Owen
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. John EosteR. The bill in this case was filed by Franklin C. Owen, the appellee, alleging that, at the June term, 1854, of the probate court of Lawrence, he filed his accounts and vouchers for a final settlement of his guardianship of Martha A. Couch, (who had then recently intermarried with Jeremiah Allman,) showing a balance of $966 13 in favor of his said ward; that the probate court thereupon appointed the…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. John EosteR. The bill in this case was filed by Franklin C. Owen, the appellee, alleging that, at the June term, 1854, of the probate court of Lawrence, he filed his accounts and vouchers for a final settlement of his guardianship of Martha A. Couch, (who had then recently intermarried with Jeremiah Allman,) showing a balance of $966 13 in favor of his said ward; that the probate court thereupon appointed the 2d Monday in August, 1854, for the auditing, stating, and final settlement of said accounts; that Allman expressed his…
1Opinion of the CourtWalkek, J.
— In French v. Garner, 7 Porter, 549, court, following tbe decision of Chancellor Kent in Duncan v. Lyon, 3 John. Ch., held it to be “a settled principle, that a court of equity will not interfere after a judgment at law, unless tbe party can impeach tbe justice *170of the judgment, by facts or on grounds of which he could not have availed himself, or was prevented from doing it by fraud, or accident, or the act of the opposite party, .unmixed with negligence or fraud on his part.” The same principle has since been repeatedly asserted, and a determination to adhere to it, notwithstanding it may…
2Cases cited4 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Lee v. Insurance Bank of ColumbusSupreme Court of Alabama · 1841
- Watson v. HuttoSupreme Court of Alabama · 1855
- Sanders v. FisherSupreme Court of Alabama · 1847
3Cited by17 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Otis v. DarganSupreme Court of Alabama · 1875
- State v. MagersOregon Supreme Court · 1899
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
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