Bowie v. Ghiselin
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Prince George’s County. The cause was argued before Baiitol, C. J., Stewart, GrasoN and Alvey, J. The facts are detailed in the opinion of the Court. The order of the 22d of March, 1869, is illegal and void, and the Court erred in passing it, because the Orphans’ Court bad no power to pass it. It was the exercise of Common Law or equity powers, which do not belong to the Orphans’ Court. 1798, eh. 101, sub-eh. 15, see. 20; Code of Pub.
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Appeal from the Orphans’ Court of Prince George’s County. The cause was argued before Baiitol, C. J., Stewart, GrasoN and Alvey, J. The facts are detailed in the opinion of the Court. The order of the 22d of March, 1869, is illegal and void, and the Court erred in passing it, because the Orphans’ Court bad no power to pass it. It was the exercise of Common Law or equity powers, which do not belong to the Orphans’ Court. 1798, eh. 101, sub-eh. 15, see. 20; Code of Pub. Gen’l Laws, Art. 93, see. 252; Townshend vs. BrooJce, 9 Gill, 91; Lowe vs. Lowe, 6 Md., 347; Miller, Adm’r of Pottinger vs.…
1Opinion of the CourtBautou, C. J.
These appeals are in the same record, and have been argued together.
The first is from an order of the Orphans’ Court of Prince George’s county, passed on the 22d day of March, 1869, directing the appellant as executor of Catharine Bowie, deceased, to pay to the appellee, or bring into that Court to be paid to her, the sum of $755, with interest from the 12th day of April, 1862, and $8.30 costs — being the amount of her judgment claim against the appellant’s testatrix, filed with her petition.
After the appeal from the order of the 22d of March, had been taken, the appellee filed a petition in…
2Cases cited2 opinions
- Miller v. DorseyCourt of Appeals of Maryland · 1856
- Lowe v. LoweCourt of Appeals of Maryland · 1854
3Cited by15 opinions
- Levering v. LeveringCourt of Appeals of Maryland · 1885
- Parker v. LeightonCourt of Appeals of Maryland · 1917
- Fidelity & Deposit Co. v. FreudCourt of Appeals of Maryland · 1911
- Mudge v. MudgeCourt of Appeals of Maryland · 1928
- Riddleberger v. GoellerCourt of Appeals of Maryland · 1971
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