Legal Opinion

Waldrom v. Waldrom

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 24 opinions

Appeal from the Chancery Court of Marengo. Heard before the Hon. Ti-iomas Cobbs. The bill in this case was filed on the 8th July, 1884, by Henry M. Waldrom,.against his children, Marvin Waldrom, Frederick Waldrom, Bettie Wilkinson and her husband; and sought to enjoin a decree which had been rendered against the complainant, as guardian of his said children, by the Probate Court of said county, on the 14th January, 1884, or to establish an equitable set-off against it, on…

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Appeal from the Chancery Court of Marengo. Heard before the Hon. Ti-iomas Cobbs. The bill in this case was filed on the 8th July, 1884, by Henry M. Waldrom,.against his children, Marvin Waldrom, Frederick Waldrom, Bettie Wilkinson and her husband; and sought to enjoin a decree which had been rendered against the complainant, as guardian of his said children, by the Probate Court of said county, on the 14th January, 1884, or to establish an equitable set-off against it, on account of moneys alleged to have been expended by complainant in the support and education of his said children. The said…

1Opinion of the CourtClopton, J.

— A decree of- the Probate Court, on the final settlement of a guardian, possesses the same dignity, and has the same force and conclusiveness, as the judgment of any court of record. While a court of equity has original jurisdiction to open such settlement, when it is appealed to, and its jurisdiction invoked for such purpose, the same special grounds of equitable interference must be shown, as in case of a judgment at law.— Waring v. Lewis, 53 Ala. 615. A proper and due regard for i the peace and interests of society requires strictness and caution in exercising the power to disturb the…

2Cases cited11 opinions

  1. Waring v. LewisSupreme Court of Alabama · 1875
  2. Dunklin v. WilsonSupreme Court of Alabama · 1879
  3. Humphreys v. BurlesonSupreme Court of Alabama · 1882
  4. Baines v. BarnesSupreme Court of Alabama · 1879
  5. Drake v. StoneSupreme Court of Alabama · 1877

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Gray v. HandySupreme Court of Alabama · 1920
  3. Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
  4. Ex Parte JonesSupreme Court of Alabama · 1984
  5. National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893

19 more not listed; retrieve them via the Exa API.

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