Brooks v. Brooke
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause was filed by the appellant on the 25th August, 1837, and prayed subpoenas against Walter B. Brooke, Jllexander H. Boteler, and Edward W. Belt, and commenced— “ The supplemental bill of complaint of J. B., shows, that upon a bill of complaint filed in Prince George’s county court as a court of equity, by Lucy S. Brooke, complainant, against Walter B. Brooke, such proceedings were had, that on or about the 27th July,…
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Appeal from the Court of Chancery. The bill in this cause was filed by the appellant on the 25th August, 1837, and prayed subpoenas against Walter B. Brooke, Jllexander H. Boteler, and Edward W. Belt, and commenced— “ The supplemental bill of complaint of J. B., shows, that upon a bill of complaint filed in Prince George’s county court as a court of equity, by Lucy S. Brooke, complainant, against Walter B. Brooke, such proceedings were had, that on or about the 27th July, 1830, a decree was passed in the cause appointing Edward M. Dorsey, since deceased, a trustee, with authority to sell…
1Opinion of the CourtDorsey, J.
Much time has been spent in discussing the question, whether this be a supplemental bill or a bill in the nature- of a bill of review, seeking to alter or amend some decree or order, *317passed in a cause heretofore depending in court. In neither of these aspects can it be sustained; nor is it so regarded by us. We deem it an original bill, stating the previous proceedings of the court, not with a view to their alteration or amendment, but as a portion of the facts out of which the complainant’s equity arises. The case of Boteler and Belt, 7 Gill and John. 143, has been relied upon as a clear…
2Cited by9 opinions
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Gott v. State ex rel. BarnardCourt of Appeals of Maryland · 1876
- Thruston v. BlackistonCourt of Appeals of Maryland · 1872
- Wells v. Canton Co.Court of Appeals of Maryland · 1852
- President of the Farmers' Bank v. ThomasCourt of Appeals of Maryland · 1873
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