Lary v. Craig
Supreme Court of Alabama
Appeal from tbe Probate- Court of Dallas. In the matter of tbe guardianship of Adam S. H. Led-low, a minor, who was one of tbe heirs-at-law and distrib-utees of Adam Ledlow and Obedience Ledlow, both deceased; on'the application of Alfred B. Lary to remove tbe property of said minor to tbe State of Arkansas. All the material facts of the case are stated in tbe opinion of the court.
1Opinion of the CourtStone, J.
This application was made by petition under sections 2032-3 of the Code. The probate judge refused to make the order, and dismissed the petition, after hearing all the proof in the case. If any ground exist on which to rest this decision, it is our duty to affirm it, although a -wrong reason may have' been assigned for the judgment.
The right of a foreign guardian to obtain an order, such as was asked for in this case, is purely statutory. Unless the record discloses a case within the letter of the statute, the probate court has no jursdiction over the case. Let us test this petition and the…
2Cases cited2 opinions
- Rice v. Danville, Lancaster & Nicholasville Turnpike Road Co.Court of Appeals of Kentucky · 1838
- Slaughter v. CunninghamSupreme Court of Alabama · 1854
3Cited by4 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Desribes v. WilmerSupreme Court of Alabama · 1881
- In re CarmichaelSupreme Court of Alabama · 1860
- Metcalf v. Lowther'sSupreme Court of Alabama · 1876