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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 645   View pdf image (33K)
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1. The mode of reviving a suit iu equity, according to the Act of 1820,
ch. 161, which had abated by death. But that Act being cumulative,
the party may revive either in that mode or by bill. The new mode
of reviving applies to no case, except that of a devisee, where a
proper bill of reviver will not lie; nor does it apply to an abatement
by marriage; or to an abatement after a decree. Hall v. Hall, 120.

3. The Act of 1820, ch. 161, applies only to cases in which it remains to
pass a final decree. Alien v. Burke, 511.

3. Where the suit abates after a final decree it may be revived by a sub-
poena scire facias. The form of the writ, and the mode of proceed-
ing. Ib.

4. The Act of 1820, ch. 161, only gives a new mode of proceeding in cer-
tain cases in place of a proper bill of revivor. Griffith v. Bronaugh,

5. After a decree to account, or a final decree a defendant may revive
the suit; but in general he cannot revive it in any other case. Ib.

6. In an injunction case, it may be ordered, on petition of the defendant,
that the representatives of the late plaintiff, on a copy of the order
being served on them, proceed to revive the suit on or before a cer-
tain day, or that the injunction be dissolved. If such representa-
tives are numerous, widely dispersed, unknown or non-residents, it
will be sufficient to have it entered on the docket, that they come in
and revive before the end of the then next term. 1 b.

See DECREE, 11.


An affidavit made in another State to an answer to a bill in this Court,
being an authentication called for by a tribunal here, is a part of
the judicial proceedings of this State; and is not such a judicial
proceeding of another State, as comes within the provision of the
Constitution of the United States, and the Acts of Congress respect-
ing the manner in which such proceedings shall be proved. Gibson
v. Tilton, 328.





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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 645   View pdf image (33K)
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