Comegys v. State ex rel. Dyckes
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of debt, brought by the appellee against the appellant on the bond of Joseph Dyclces, Matthew French and William Comegys, the intestate of the defendant below.
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Appeal from Baltimore county court. This was an action of debt, brought by the appellee against the appellant on the bond of Joseph Dyclces, Matthew French and William Comegys, the intestate of the defendant below. The bond was dated 21st May, 1818, and recited that Joseph Dyclces “hath been appointed by the honourable the chancellor of Maryland, trustee for Ellen Dyclces, wife of James Dyclces, and the children of the said James and Ellen, which they now, or may hereafter have. Now the condition, &c. is, that if the above bounden Joseph Dyclces, do and shall well and faithfully perform the…
1Opinion of the CourtArcher, Judge
It is contended, that the bond upon which this suit has been brought, is void for want of jurisdiction in the Chancery court, t,o decree in the cause, or to appoint a trustee in the place of the former trustee, Mr. Schroeder.
As to the decree, it is contended, that the Chancery court had not jurisdiction of the persons of the infant defendants, as they had not been summoned. In answer to this objection, it is only necessary to say, that the infant defendants appear from the records to have been non-residents, and the acts of assembly have substituted the publication in place of *183the summons, at…
2Cases cited1 opinion
- Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
3Cited by10 opinions
- McShane v. Howard BankCourt of Appeals of Maryland · 1890
- Gott v. State ex rel. BarnardCourt of Appeals of Maryland · 1876
- Chappell v. ClarkeCourt of Appeals of Maryland · 1901
- Beggs v. ErbCourt of Appeals of Maryland · 1921
- Donohue v. DanielCourt of Appeals of Maryland · 1882
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