clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 365   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

FRIEZE VS. GLENN AND STEWART. 365
It is, therefore, clear, that the plaintiff in this case can have no
relief against these defendants, even if he has adopted the mode
in which, if the merits were with him, he could be entitled. I
am by no means sure, however, that he has adopted the proper
proceeding. The money which was awarded to Mrs. Forsyth
resulted from proceedings in the case of Glenn and Stewart,
(the present defendants) against her. The audit referred to,
and upon which this complainant now seeks to recover, was
made in that case, and I am strongly inclined to think, that in-
stead of filling an independent bill, the regular and proper course
was by petition in that case. I can see no reason why a new
suit should be brought, when it was certainly in the power of
the court, in a way much more summary, and much less expen-
sive, to enforce the order in the first case, unless sufficient
grounds against it could be shown.
But, although the plaintiff in this case can have no decree,
the defendants cannot have one for their over payment. The
bill was not filed for an account, but for a specific sum of
money, nor was the order passed by this court on the 26th of
April, 1847, in the nature of a decree to account, which would
make both parties actors. The object of that order was to as-
certain by a report from the Auditor, whether the defendants
had paid or extinguished this particular claim, and not that the
parties should account with each other. The bill, therefore, in
this case will be dismissed with costs.
PHILIP C. FRIEZE and HENRY F. FRIEZE for Complainant.
JOHN GLENN and DAVID STEWART for Defendants.
[No appeal was taken in this case.]
32*

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 365   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives