Dorman v. Ogbourne
Supreme Court of Alabama
Error to the Orphans’ Court of Chambers. 1. The record and proceedings of the Orphans’ Court of the county of Montgomery, appointing the guardian, are void,, it not appearing, that the minors were residents of that county. Clay’s Dig. 226, § 27; ib. 267, § 1; McCartney, et al. v. Calhoun, et al. 11 Ala. 110; 8 Porter, 375; 2 Ala. 533. 2. There cannot be two guardians acting at the same time by appointments made in different counties.
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Error to the Orphans’ Court of Chambers. 1. The record and proceedings of the Orphans’ Court of the county of Montgomery, appointing the guardian, are void,, it not appearing, that the minors were residents of that county. Clay’s Dig. 226, § 27; ib. 267, § 1; McCartney, et al. v. Calhoun, et al. 11 Ala. 110; 8 Porter, 375; 2 Ala. 533. 2. There cannot be two guardians acting at the same time by appointments made in different counties. The defendant in error insists that the judgment of the Orphans’ Court of Montgomery county appointing the defendant in error, was conclusive on the right of the…
1Opinion of the CourtParsons, J.
The case is briefly this: The plaintiff in error was appointed by the Judge of the Orphans’ Court of Chambers county guardian of two minors, Sanders F. Walker and George W. Walker, and at a subsequent time, the defendant in error was appointed by the Orphans’ Court of Montgomery county, by separate orders, guardian of each of the minors. This was done while the plaintiff in error was acting under his appointments, and without notice to him. The Judge of the Orphans’ Court of Chambers, after this, on the application of the defendant in error, removed the plaintiff from his trusts and revoked…
2Cases cited2 opinions
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3Cited by7 opinions
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- Crosbie v. BrewerSupreme Court of Oklahoma · 1916
- Burton v. ColleySupreme Court of Oklahoma · 1925
- Metcalf v. Lowther'sSupreme Court of Alabama · 1876
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