Lee v. Lee
Supreme Court of Alabama
Appeal from tbe Chancery Court of Perry. Heard before the Hon. Charles Turker. Tbe bill in tbis case was filed on tbe 22d December, 1875, by John Lee, Edgar Lee, and Mary Lee, tbe two latter being infants, and suing by tbe said John Lee as their nest friend, against their guardian, John H. Lee, and the several sureties on his official bonds as sucb guardian, to-wit: E. A. Bates, W. B. Modawell, J. H. Speed, J. W. Crenshaw, A. B. Lane, W. M. Brooks, W. C. Wyatt, Harriet…
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Appeal from tbe Chancery Court of Perry. Heard before the Hon. Charles Turker. Tbe bill in tbis case was filed on tbe 22d December, 1875, by John Lee, Edgar Lee, and Mary Lee, tbe two latter being infants, and suing by tbe said John Lee as their nest friend, against their guardian, John H. Lee, and the several sureties on his official bonds as sucb guardian, to-wit: E. A. Bates, W. B. Modawell, J. H. Speed, J. W. Crenshaw, A. B. Lane, W. M. Brooks, W. C. Wyatt, Harriet Johnston, W. Bj. Brown, A. M. Eowlkes, Carlos Beese, J. B. Cooke, and Amzi Godden; and sought a settlement of the guardian’s…
1Opinion of the Court
BRICKELL, C. J. —
The Court of Chancery had original, inherent jurisdiction to appoint guardians for infants within its territorial jurisdiction, and to remove them, whenever the interests of the infant may have required it. — 2 Story’s Eq. §§ 1338, 1339, 1340; Striplin v. Ware, 36 Ala. 87. In the absence of statutes conferring the jurisdiction on other tribunals, there is, in the organization of the judicial system of this State, no other court than the Court of Chancery, in which this jurisdiction could reside. At law, during the continuance of the guardianship, the infant can bring no…
2Cases cited17 opinions
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Striplin v. WareSupreme Court of Alabama · 1860
- Alston v. AlstonSupreme Court of Alabama · 1859
- M'Cord v. OchiltreeIndiana Supreme Court · 1846
- Monell v. MonellNew York Court of Chancery · 1821
12 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Pearce v. PearceSupreme Court of Alabama · 1917
- In Matter of BadgerSupreme Court of Missouri · 1920
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Stewart v. HertenNebraska Supreme Court · 1933
43 more not listed; retrieve them via the Exa API.