Shackleford v. Cunningham
Supreme Court of Alabama
Appeal from the Probate Court of Macon. The record in this case shows, that, on the 11 th day of January, 1864, W. E. Cunningham, as the guardian of Shadrach Dick, a minor, made a final settlement with said probate court of his accounts and vouchers as such guardian ; and that a decree was thereupon rendered against him, by said probate court, in the following words: “ This day having been set to hear and determine the matters as to the account heretofore filed by W. E.…
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Appeal from the Probate Court of Macon. The record in this case shows, that, on the 11 th day of January, 1864, W. E. Cunningham, as the guardian of Shadrach Dick, a minor, made a final settlement with said probate court of his accounts and vouchers as such guardian ; and that a decree was thereupon rendered against him, by said probate court, in the following words: “ This day having been set to hear and determine the matters as to the account heretofore filed by W. E. Cunningham, guardian of said minor, for a final settlement of his guardianship, now comes the said W. E. Cunningham, and…
1Opinion of the CourtA. J. Walker, C. J.
The judgment or decree of the probate court, upon a petition for supersedeas, or motion to enter satisfaction, is conclusive. No matter antecedent to the judgment, and involved in it, can be brought forward in support of such a motion.—Watts v. Watts, 37 Ala. 513 ; Burt v. Hughes, 11 Ala. 571; Matthews v. Robinson, 20 Ala. The proof that the assets in the hands of the appellee, as guardian, consisted of depreciated paper, lawfully received by him in the discharge of his duties, and that the same was on hand at the time of the settlement, might have justified him in asking, upon the payment of…
2Cases cited4 opinions
- Patterson v. FlanaganSupreme Court of Alabama · 1861
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
- Haynes v. WheatSupreme Court of Alabama · 1846
- Burt v. HughesSupreme Court of Alabama · 1847
3Cited by3 opinions
- Corbitt v. CarrollSupreme Court of Alabama · 1874
- Tucker v. CarrSupreme Court of Rhode Island · 1898
- Johnson v. StateSupreme Court of Alabama · 1910