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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 219   View pdf image (33K)
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WHITE VS. THE OKISKO COMPANY. 219
with leave to the petitioner to produce the proof necessary to
establish his claim, before the 30th of the month, the expense
of the new audit and account to. be borne by the petitioner;
and upon this petition, as yet, no order has been passed.
Afterwards, on the 25th of the same month and year, the peti-
tioner filed another petition, with which he exhibits and files
what he supposes to be sufficient proof of his claim, and repeat-
ing what he had said in his former petition, as to his expecta-
tion that a sum would be reserved to cover his claim, in case
the Court of Appeals should affirm the judgment of the
Howard District Court, he prays that the cause may be again
sent to the Auditor, to state another account at his expense.
Upon this petition, an order passed on the 29th of the month,
in which, after observing that to grant the prayer would be
contrary to the practice of the Court, and opposite to the
case of Kent vs. O'Hara, 7 G. & J; 212, the petition was dis-
missed with costs.
On the 3d of November last, Matthews filed a third petition,
in which he reiterates with more fulness of detail the impres-
sion, and the grounds of the impression, upon which he and his
counsel had supposed that no final order would be passed upon
his claim until the appeal taken by the trustees should be
heard and determined; and that he and they remained under
that impression until the audit of October, 1852, was made.
Upon this petition an order passed, suspending the order of
the 29th of October preceding, by which the former petition
had been dismissed, and for a hearing on notice to the except-
ing creditors, and the counsel of the parties having been heard,
the question remains now to be decided.
Upon a copy of the last petition and order, the surviving
trustee has endorsed and signed a statement in these words;
" The undersigned surviving trustee hereby certifies that the
allegation of this petition, that the claim referred to was to
await the final decision of the Court of Appeals, is correct, his
impression being that there was a fund to be reserved to await
that issue."
The question, then, which presents itself upon these circum-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 219   View pdf image (33K)
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