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INDEX. 657 ALIMONY.— Continued. 4. Upon B proper case, this Court will grant the wife alimony, or a suitable maintenance by the husband, or out of bis estate, though a divorce, a mensa et there, be not asked for. Ib. 5. The wife under certain circumstances is entitled to alimony, to be paid by the husband, or out of his estate, but no case has been found where the Court, upon an application for alimony, has investigated the character of alienations of property made by the husband, so as to compel his alienee to pay the allowance to the wife. It. 6. The fact that the complainant had previously filed her bill in the equity side of the County Court for a divorce and alimony, is an insuperable ob- jection to the Court of Chancery granting her relief upon her bill there for alimony. Ib. See PRACTICE IN CHANCERY, 28. AMENDMENT. See PRACTICE in CHANCERY, 21, 44, 53 to 57. ANNUITY. See RULE FOR ASCERTAINING PRESENT VALUE Q» LIFE INTEREST. ANSWER. See PRACTICE W CHANCERY, 10,11, 50,53 to 57,69. ANTE-NUPTIAL AGREEMENT. See PART PERFORMANCE, 1, 3, 9. APPEAL. 1. None but parties to the judgment or decree appealed from, have the right of appeal, and the execution of such judgment or decree cannot be stayed or delayed unless the party against wham it was rendered or passed gives bond. McKim & Kennedy vs. Mason, 196. 2. The general rule is, that an appeal will not lie from a merely practical order of this Court, preparatory to the final hearing, and by which the rights of the parties are not affected. In re Rachel Colvin, a lunatic, 278. 3. The Act of 1830, ch. 185, gives by implication an appeal from orders ap- pointing receivers, but does not give the right of appeal from orders dig- charging receivers, and the legislature has never, in terms or by any .fair implication, given such right. The power of appointing receivers is a high power, never exercised where it is likely to produce irreparable in- justice, or where there exists any other safe or expedient remedy. It. 4. But if there is any reasonable doubt upon the question of the right of a party in interest to appeal from an order discharging a receiver, and di- recting him to account and pay over the property, it is clear no such right of appeal exists in the receiver himself. Ib. 5. Whether an appeal will lie or not in any given case, is exclusively a ques- tion for the Appellate Court to decide. Ib. APPORTIONMENT OF RENT. Sec FIXTURES, 8. ASSIGNMENT, ASSIGNOR, ASSIGNEE. See SUBSTITUTION, RIGHT of, 1 to 5. ASSIGMMENT IN FAVOR OF CREDITORS. ASSIGNMENTS IN FAVOR OF CREDITORS. 1. A deed conveying property, real and personal, in trust, to sell and apply |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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