Morris v. Morris
Morris v. Morris
Opinion of the Court
This is an appeal from a decree in the probate court. The decree was rendered on the final settlement of the accounts of appellee as guardian of the estate of appellant, his ward.
“After the evidence had been introduced, the judge of probate stated orally in open court that he would allow said guardian credit for both items, No. 6 and No. 10; said item voucher No. 6 being- the contested item for $150. There was no memorandum or order then made of said finding or action of the court. The said Reedy Morris appeared before the court on the 11th day of May, 1918, and the April, 1918, term of the probate court which had not been continued or adjourned by any order of the court, and before any decree, or memorandum for a decree, was made or signed by the court, and before the decree in this cause bearing date of 22d day- of April, 1918, was signed by the court, and then and there duly excepted to the order or deeree of the court allowing the guardian credit for the sum shown by voucher No. 6, for $150.”
This we hold is insufficient to authorize a review by us on appeal; in fact, no exception. The trial court was then without power to allow or disallow the attempted exception. The matter had then passed- from the control of the court or judge who allowed it. The guardian was not shown to have been present, and, if the trial court had disallowed the item, the guardian could not have objected or excepted. The proceeding would have been an unwarranted ex parte proceeding.
The very question here involved and decided, was decided by this court at the present term, and this case could be well decided and disposed of on the authorities there cited. See the case of Russell, Adm’r, et al. v. McPherson, ante, p. 310, 80 South. 392, put out November 28, 1918, which cites and reviews the authorities on the subject.
Affirmed.
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- Morris v. Morris.
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