Thompson v. Hartline

One of the objections urged in this case is, that the order removing Thompson from the guardianship, being made out of term time, and at a time to which there had been no adjournment from a regular term, is invalid. Boynton v. Nelson, 46 Ala. 501, and Childress v. Childress, 49 Ala. 237, are relied on in support of this view. The order in this case was not appealed from, and hence the question comes up collaterally in the present proceeding. To avail anything, presented as it is, it must be on the ground that the order was void, that Thompson is still guardian, and hence he could not be…