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310 HIGH COURT OF CHANCERY. sity of any such proceedings, though respondent is willing and ready to account, if required by the Court. The question as to the regularity of filing this supplemental bill was argued by counsel, and the Chancellor thereupon pro- nounced the following opinion.] THE CHANCELLOR; The question discussed in the written arguments of the soli- citors, and upon which it appears to be their desire to take the opinion of the Court, relates to the regularity and propriety of filing the supplemental bill of the 18th of February, 1850. But the Chancellor does not see very clearly how the question is brought before him, or by what form of order or decree he can settle it. The case is not submitted upon demurrer, nor upon motion to take the supplemental bill off the file, and therefore, if he were to pass an order directing the bill to be taken off the file, or should declare that no relief can be had under it, the record would represent him as acting sua sponte, there being nothing in the proceedings which calls for or would justify the Court in so disposing of the cause. But although the question is submitted in this informal and irregu- lar way, and although I should certainly not feel at liberty to pass an order disposing of the case, unless something was put upon the record by the parties properly presenting the ques- tion for the judgment of the Court, I nevertheless am willing so far to comply with the desire of the parties, as to express my opinion upon it. The objection is that the supplemental bill makes a new case, and is not in aid of that which the Court has already done. The rule appears to be, that a supplemental bill after a decree, must not seek to vary the principle of the decree, but taking the principle of the decree as a basis, seek merely to supply any omissions which there may be in it, or in the pro- ceedings which led to it, so as to enable the Court to give full effect to its decision; 3 Daniel's Oh. Pr; 1662. According to Mr. Justice Story, a supplemental bill may be filed as well after as before a decree; and the bill, if after a decree, may |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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