Mayhew v. Soper
Court of Appeals of Maryland
Appear from the Orphans Court of Prince George's county. Upon ihe 18th December 1838, Richard H. Marshall filed his petition in said court, alleging that he was guardian of Martha Ann Soper, one of the representatives of Mary Ann Soper; that letters of administration had been granted on the estate of the latter to one John Mayhew, who had given wholly insufficient security for the administration of the estate committed to his care: and that the petitioner as guardian, had…
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Appear from the Orphans Court of Prince George's county. Upon ihe 18th December 1838, Richard H. Marshall filed his petition in said court, alleging that he was guardian of Martha Ann Soper, one of the representatives of Mary Ann Soper; that letters of administration had been granted on the estate of the latter to one John Mayhew, who had given wholly insufficient security for the administration of the estate committed to his care: and that the petitioner as guardian, had not known before who were the securities of the said John May-hew, or he should have objected sooner to their sufficiency…
1Opinion of the CourtSpence, Judge
In this case it is a subject of regret with the court, that they ,cannot decide the controversy upon its merits.
This appeal not having been made within thirty days, as provided by the act of 1818, ch. 204, sec. 1, must be dismissed.
The court cannot consider the bill of exceptions taken and signed, as such, in that character. Orphans courts are not pourts of common law jurisdiction, and not within the provir sions of the Statute of Westminster, and therefore, in controversies before them, parties are not allowed their bills of ex? ceptions.
In as much, however, as this cause has been fully…
2Cited by1 opinion
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