Smith v. Smith
Court of Appeals for the Ninth Circuit
Appeal from .the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Suit in equity by William Smith against Mary M. Smith, as executrix of the will of John M. Smith, deceased. Decree for complainant (210 Fed. 947), and defendant appeals.
1Opinion of the Court
GILBERT, Circuit Judge.
The appellee brought a suit against the executrix of the will of his deceased guardian, alleging that the guardian in his lifetime had appropriated and converted to his own use the money of his ward; that the guardiam had presented to the court of his appointment accounts, including his final account, wherein he concealed his misappropriation of the ward’s money, and theréby fraudulently procured the court to settle and allow his said accounts; and that thereafter, when the ward attained his majority, the guardian settled with him on the basis of such final' account.…
2Cases cited17 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Arrowsmith v. GleasonSupreme Court of the United States · 1889
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Hayden v. . PierceNew York Court of Appeals · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. SmithMontana Supreme Court · 1921
- Latham v. McClennyArizona Supreme Court · 1930
- Hornbeck v. RichardsMontana Supreme Court · 1927
- Wells Fargo Nevada Nat. Bank v. BarnetteCourt of Appeals for the Ninth Circuit · 1924
- Pan-American Life Ins. v. CrymesMississippi Supreme Court · 1934
18 more not listed; retrieve them via the Exa API.