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 3, Page 422   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

422 HIGH COURT OF CHANCERY.
January, 1839, whereas his right to said credit has already been
put in issue and decided by this Court and the Court of Appeals.
Third, a similar objection to the attempt to impeach the credit
of $1,033 83, for salary from 1st of January, 1839, to 6th of
July, 1839. fourth, a like objection to the attempt to im-
peach the credit of $1,128 96, for amount of dividend on com-
plainant's stock. Fifth, because the answer seeks to impeach
the right of the complainant to exclude from said account the
charge of $1,350, for cash paid him by C. D. Williams, his
right to do so having been already decided by this Court and
the Court of Appeals. Sixth, a similar objection to the com-
plainant's right to exclude the item of $5,402 55, alleged to
be due on settlement of account with railroad. Seventh, be-
cause the answer insists that complainant is chargeable with
all the money, materials, and labor expended and supplied for
the construction of the furnaces, wheel and pattern house, cu-
pola, bellows, gearing, coal house, &c., all which matters have
already been adjudicated by this Court and the Court of Ap-
peals. And as an additional exception, eighth, because the
answer attempts to surcharge and falsify the account in many
particulars, but hath not averred or charged that the matters,
or any of them, were recently discovered, or were not known to
defendant at the time of the settlement of June, 1844, which
it is the object of this suit to avoid. At the hearing of these
exceptions, on the 10th of May, 1851, the Chancellor delivered
the following opinion.]
THE CHANCELLOR:
There can be no doubt that a special case must in general
be shown before the Court will allow a defendant to amend
his answer, and this for reasons too obvious to be stated.
Amendments have been allowed where new matter has come to
the knowledge of the defendant since his answer was filed, or
in case of surprise or mistake, or where an addition has been
made to the draft of the answer after the defendant has pe-
rused it, and in some other special cases, treated of in the books
of practice, and in reported cases, 2 Danl.'s Ch. Pr., 911,912.

  		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 3, Page 422   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  August 16, 2024
Maryland State Archives