Whelan v. Cook
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. The facts of the case are sufficiently stated in the opinion of the court.
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Appeal from the Circuit Court for Howard County, in Equity. The facts of the case are sufficiently stated in the opinion of the court. The following rules on the equity side of the Circuit Court for Howard County, were relied on in the argument : Rule 4. A commission for ’taking testimony is to be returned on or before the first day of the first term after the date thereof, provided it be issued thirty days before the said term ; and if it be not issued thirty days before the said term, then it shall be returned to the first day of the second term thereafter ; atid if not so returned a rule…
1Opinion of the CourtMiller, J.
A creditors’ bill was filed May 17th, 1859, against the administratrix and heirs-at-law of John Cook, deceased, for a sale Of his real estate to pay debts. The defendants answered February 22d, i860, denying the alleged indebtedness and pleading limitations and usury to the claims of the complainants exhibited with their bill. A commission to take testimony was issued June 23rd, i860, and on the 23rd of *March, 1865, at the regular March Term, the defendants obtained rules upon the complainants for “ further proceedings and security for costs ” under which the bill was dismissed on the 5'th…
2Cases cited1 opinion
- The Brig Amy WarwickSupreme Court of the United States · 1862
3Cited by29 opinions
- Lynn v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1883
- Rayner v. StateCourt of Appeals of Maryland · 1879
- Johns v. StateCourt of Appeals of Maryland · 1881
- Hoppe v. ByersCourt of Appeals of Maryland · 1883
- Pennsylvania Railroad v. ReichertCourt of Appeals of Maryland · 1882
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