Smith v. Jackson
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. ~W. Hillard. The facts of this case were thus stated in thé opinion delivered. by Manning, J.: “ This is a preferred case under the statute, being an appeal from a decree overruling a demurrer to a bill in chancery.
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. ~W. Hillard. The facts of this case were thus stated in thé opinion delivered. by Manning, J.: “ This is a preferred case under the statute, being an appeal from a decree overruling a demurrer to a bill in chancery. The bill, filed by appellee, against Foster M. Kirksey, Frank P. Smith, and Elam Smith, as defendants, shows that upon a settlement in the Probate Court of Greene county, by one Thomas Eatman, of his guardianship of appellee, he was found to be indebted to her, April 17th, 1876, in the sum of $4,938.80£ ; for which…
1Opinion of the CourtManning, J.
[After stating the facts as above.] — The Revised Code (§ 2450) provides : “ All final decrees against guardians have the force and effect of judgments at law, upon which execution may issue against them and the sureties on their bonds.” Section 802 says: “ Courts of Probate may issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees, returnable to their regular terms, upon compliance with the laws respecting garnishments in the Circuit Court on judgments, and may render judgments or decrees on the answers of such garnishees, enforce the collection…
2Cases cited7 opinions
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