Tapp v. Cox
Supreme Court of Alabama
Appeal from the Probate Court of Lauderdale. In the matter of the final settlement of the accounts and vouchers of William J. Tapp, as guardian of J ames A. Cox. The ward had attained his majority, and he appeared in person, and by attorney, and filed numerous objections (or exceptions, as they are termed in the record) to several items in the account as stated, and to the vouchers by which they were supported.
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Appeal from the Probate Court of Lauderdale. In the matter of the final settlement of the accounts and vouchers of William J. Tapp, as guardian of J ames A. Cox. The ward had attained his majority, and he appeared in person, and by attorney, and filed numerous objections (or exceptions, as they are termed in the record) to several items in the account as stated, and to the vouchers by which they were supported. The court sustained some of these objections, and overruled others, and then rendered a final decree against the guardian, in favor of the ward, for $4,730.34. From this decree the…
1Opinion of the CourtBrickell, C. J.
The record contains no bill of exceptions, and it does not appear that the matters now assigned as error, which grow out of the evidence introduced on the settlement in the Court of Probate, were made by the appellant the subject of an exception or objection in that court. Nor does it appear that all the evidence on which the Court of Probate founded its decree is introduced into the record.
Prior to the Code of 1852, this court uniformly declined a revision of the decree of the Court of Probate upon facts, unless exceptions were reserved, and certified as the statute directs. — 1 Brick. Dig.…
2Cases cited4 opinions
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Bartee v. JamesSupreme Court of Alabama · 1858
- Harris v. DillardSupreme Court of Alabama · 1857
- Dunham v. HatcherSupreme Court of Alabama · 1858
3Cited by2 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Ex Parte SumlinSupreme Court of Alabama · 1920