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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 82   View pdf image (33K)
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82 TOWNSHEND v. DUNCAN.—2 BLAND.

many instances, it greatly facilitates and expedites the progress
of the cause. Depositions so taken, it is evident, are made
under all the principal safeguards, which can, in any manner,
insure fairness and fullness of evidence; that is, the special

their behalf, which she had not done. Whereupon they prayed for an at-
tachment, &c.

HANSON, C., Sd December, 1805.—Ordered, that, unless Hannah Marches,
of Baltimore, shall, on the 13th day of this month, appear before Samuel
W. Lee, a Justice of the Peace of Baltimore County, and answer such inter-
rogatories as shall be proposed by either, or any of the parties to this cause,
she shall be considered as acting in contempt of this Court; and an attach-
ment shall forthwith issue against her; provided a copy of this order be
served on the said Hannah Marches before the 11th instant.

The defendants, by their petition stated, that the witness Hannah Marches
had appeared before the Justice of the Peace as required; but, that she had
not given a full answer to the interrogatories exhibited to her by the peti-
tioners. Whereupon they prayed for an attachment, &c.

HANSON, C., Slst December, 1805.—Ordered, that unless Hannah Marches,
lately Hannah Onion, shall, before the 25th day of January next, appear
before some Judge, or Justice of the Peace, and give a plain, full, and direct
answer to the second interrogatory, on the 13th instant proposed to her, and
evasively answered in the presence of Samuel W. Lee, a magistrate, an at-
tachment of contempt, on application, shall be issued against her, returnable
immediately: Provided, a copy of this order, and of the said interrogatory
be served on her at any time before the 10th day of January next; and pro-
vided too, that the paper marked No. 1 be shewn to her at the time of her
appearing to answer as aforesaid. The said interrogatory and the answer
thereto have been laid before the Chancellor. The answer to the second
interrogatory is defective and evasive, inasmuch as she does not say whether
or not the name "Hannah Onion," signed to the said paper marked No. 1,
shewn to her, at the time of exhibiting said interrogatory, is her hand-writ-
ing.

All the testimony, required by the parties, having been taken and returned:
the auditor having stated and reported accounts as required; to which ex-
ceptions were filed; and the case having been set down for hearing, it was
brought before the Court.

KILTY, C., 28th December,"1807.—The object of the bill, in this case, was
to obtain an allowance of certain payments and discounts, against a judg-
ment obtained by McComas for the use of Smith, on a bond given by Onion;
and to obtain an injunction against the said judgment; and also for general
relief.

The Chancellor has considered the exceptions to the auditor's report, and
is of opinion, that they ought to be overruled, and that it ought to be and is
hereby confirmed—Whereupon it is Decreed, that the injunction heretofore
issued in this case be perpetual; and that the defendant William McComas,
pay to the complainant John B. Onion, or bring into this Court to be paid to
him, the sum of £1,334 5s. 6d. with interest thereon from the 28th day of
August, 1806, until paid; and that the defendant Thomas R. Smith be dis-
missed. The parties respectively to pay their own costs. MS.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 82   View pdf image (33K)
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