Speight v. Knight
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Henry. „ The proceedings of the orphans’ court connected with the questions raised by the assignments of error, may be thus stated: On the 3d March, 1845, the court made an order appointing Knight guardian of Josiah A. Cawthorne, reciting as the cause for doing so, that Speight, the former guardian, had removed out of the State.
Read the full summary
Writ of Error to the Orphans’ Court of Henry. „ The proceedings of the orphans’ court connected with the questions raised by the assignments of error, may be thus stated: On the 3d March, 1845, the court made an order appointing Knight guardian of Josiah A. Cawthorne, reciting as the cause for doing so, that Speight, the former guardian, had removed out of the State. At the same time, the newlyap-pointed guardian having given the required bond, prayed that Speight might make a final settlement of his accounts with the ward. On this application, an order was made setting the 17th of April,…
1Opinion of the CourtGoldthwaite, J.
1. We are not aware of any statute which declares the removal of the guardian from the State shall be a ground for displacing him; and there are enactments which allow non-resident guardians to secure the estates of their wards within our jurisdiction as well as others, which evidently contemplate that a resident guardian may on receiving the assent of the orphans’ court, remove the estate of his ward elsewhere, under certain prescribed conditions. [Digest, 170, § 17, 18; Ib. 171, § 20, 21.] In the absence of specific legislation on this subject, it is possible the orphans’ court, in its…
2Cases cited1 opinion
- Boyett v. KerrSupreme Court of Alabama · 1844
3Cited by10 opinions
- Coker v. CokerSupreme Court of Alabama · 1922
- Bean v. ChapmanSupreme Court of Alabama · 1878
- Cogburn v. McQueenSupreme Court of Alabama · 1871
- Dorman v. OgbourneSupreme Court of Alabama · 1849
- Ragland v. King's Adm'rSupreme Court of Alabama · 1860
5 more not listed; retrieve them via the Exa API.