Oliver v. Palmer & Hamilton
Court of Appeals of Maryland
Appeal from the Court of Chancery. The proceedings in this cause are partially reported ante, 137, upon the motion to dismiss the appeal; but the court having decided to retain the cause, it is now reported with reference to the final decree.
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Appeal from the Court of Chancery. The proceedings in this cause are partially reported ante, 137, upon the motion to dismiss the appeal; but the court having decided to retain the cause, it is now reported with reference to the final decree. On the 9th August 1837, the appellees filed their bill of complaint in Baltimore county court as a Court of Equity, against Robert M. Gibbs, Charles and Thomas Oliver, executors of Robert Oliver, the appellants, in which they state, that on or about the 18th June 1821, Lemuel Taylor, then of the pity of Baltimore, being indebted unto them in a large sum…
1Opinion of the CourtDorsey, J.
The first ground which has been urged for the reversal of the Chancellor’s decree is, that notice of the opening and execution of the commission issued under the interlocutory decree, was not given to the defendants. On the part of the appellants it is insisted, that when a commission issues under an interlocutory decree, passed in virtue of the act of 1820, ch. 161, sec, 1, it is executed in the same manner, the testimony taken under it to have precisely the same effect, as if the commission had issued, and the testimony been taken, after answer filed denying all the allegations in the bill,…
2Cited by18 opinions
- Maughlin v. PerryCourt of Appeals of Maryland · 1872
- Hill v. PinderCourt of Appeals of Maryland · 1926
- Anderson v. WatsonCourt of Appeals of Maryland · 1922
- Becker v. Frederick W. Lipps Co.Court of Appeals of Maryland · 1917
- Bamberger v. JohnsonCourt of Appeals of Maryland · 1897
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