Legal Opinion

McDowell v. Goldsmith

Court of Appeals of Maryland

Decided March 14, 1866PublishedCited by 8 opinions

Appeal from tlie Circuit Court for Baltimore City. This appeal is taken from an order of the Circuit Court for Baltimore City, passed 31st May, 1861, whereby the auditor’s accounts A and B are finally ratified, and the exceptions to his account 0 are sustained, and that account is rejected.

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Appeal from tlie Circuit Court for Baltimore City. This appeal is taken from an order of the Circuit Court for Baltimore City, passed 31st May, 1861, whereby the auditor’s accounts A and B are finally ratified, and the exceptions to his account 0 are sustained, and that account is rejected. The original bill was filed by McDowell and others claiming to he creditors of one Elizabeth Osborne, deceased, for the purpose of avoiding certain conveyances made by her to Goldsmith in fraud, as it was alleged, of her creditors. In the progress of the cause, others claiming likewise to he creditors…

1Opinion of the CourtCochran, J.

These appellants, with the exception of Needles, Cariss, S. B. Sexton & Co., and R. Me. Eldowney, were all parties to the original and amended bill, and as to them, with the exception of Truitt, the bill was absolutely dismissed by the final decree. The appellee insisted that this dis*229missal bars their right to participate in this distribution, and in reviewing their exceptions to the accounts, finally ratified by the Court below, it will be necessary to ascertain how far the decree dismissing the bill affected tbeir standing as creditors, entitled to payment out of this fund.

It will be seen…

2Cases cited6 opinions

  1. Williams v. BanksCourt of Appeals of Maryland · 1857
  2. Griffith v. Frederick County BankCourt of Appeals of Maryland · 1834
  3. Birely's Exr's v. StaleyCourt of Appeals of Maryland · 1833
  4. Gillespie v. CreswellCourt of Appeals of Maryland · 1841
  5. Collinson v. OwensCourt of Appeals of Maryland · 1833

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

3Cited by8 opinions

  1. Schaferman v. O'BrienCourt of Appeals of Maryland · 1868
  2. Rosenberg v. StateCourt of Appeals of Maryland · 1933
  3. O'Keefe v. Irvington Real Estate Co.Court of Appeals of Maryland · 1898
  4. Warner v. DoveCourt of Appeals of Maryland · 1871
  5. Fledderman v. FleddermanCourt of Appeals of Maryland · 1910

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

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