Ellicott v. Warford
Court of Appeals of Maryland
Appeal- from the Court of Chancery. The appeal in this case was taken by the appellant from an order of the chancellor, passed on the 19th of April 1853, discharging him- as receiver of the estate of Rachel Colvin, a deceased lunatic, and directing him to account for and deliver up the property under his control to the appellee, who had .been appointed administrator pendente lite of the deceased by the orphans court of Baltimore city.
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Appeal- from the Court of Chancery. The appeal in this case was taken by the appellant from an order of the chancellor, passed on the 19th of April 1853, discharging him- as receiver of the estate of Rachel Colvin, a deceased lunatic, and directing him to account for and deliver up the property under his control to the appellee, who had .been appointed administrator pendente lite of the deceased by the orphans court of Baltimore city. The facts of the case are fully stated in the opinion of this court and in the opinion of the' chancellor, (Johnson,) accompanying the passage of the order…
1Opinion of the CourtEccleston, J.
Upon the motion to dismiss in this case, it was contended that the motion should be sustained on two grounds.
1st. Because the order of the 19th of Apiil 1853, removing the receiver and directing him to deliver up the property under his control was such an order as could not be appealed from.
2nd. If it could the receiver was not a party having the right to appeal.
Believing the motion ought to be sustained on the second ground, we shall confine our remarks to that, exclusively.
In the lifetime of Rachel Colvin, by virtue of proceedings in chancery, B. H. Ellicott was appointed a committee for…
2Cases cited2 opinions
- Ellicott v. United States InsuranceCourt of Appeals of Maryland · 1848
- Ellicott v. EllicottCourt of Appeals of Maryland · 1833
3Cited by14 opinions
- Gaither v. StockbridgeCourt of Appeals of Maryland · 1887
- Lurman v. HubnerCourt of Appeals of Maryland · 1892
- Kicherer v. KichererCourt of Appeals of Maryland · 1979
- Coates v. CunninghamIllinois Supreme Court · 1875
- Knabe v. JohnsonCourt of Appeals of Maryland · 1908
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