| Volume 200, Volume 3, Page 598 View pdf image (33K) |
 |
|
|
 |
|
|
598 INDEX. PRACTICE IN CHANCERY.— Continued. mistake, or where an addition has been made to the drift of the answer after the defendant has perused it, and in some other special cases. Ib. 55. This unwillingness of the Courts to permit a defendant to change, or odd to the grounds of defence set up in the first answer, is increased when the application is made after the opinion of the Court and the testimony hare indicated bow it may be modified to accomplish his purposes. Ib. 56. An order granting the complainant the right to surcharge and falsify an an account, was appealed from, and the Court of Appeals remanded the cause, under the Act of 1832, ch. 302, for the purpose of amending the pleadings and taking further testimony, and for further proceedings, and extended the right to surcharge and falsify to both parties, provided de- fendant, by amendment of his pleadings, placed himself in such an atti- tude as to warrant such extension. HELD— 57. That under this decision the defendant could amend his answer, so as to surcharge and falsify in respect to matters known to him at the time of filing his original answer. Ib. 59. The power to compel the production of books and papers, clearly belongs to this Court, but should be exercised with caution, and the party in- voking it mast designate, with a reasonable degree of certainty, the books and papers required, aid the facts expected, (a be proved by them. Ibi. 59. The application for the production of books stated, " that if (hey had been kept with any regard to good faith and accuracy, they must contain evi- dence pertinent to the issues in the cause." No particular books were designated, and no facts expected to be proved by them stated. HELD— 60. That it would be an inconvenient and unjustifiable expansion of the rule upon such an application as this, to order all the books of a corporation to be brought into Court. Ib. 61. It is competent to this Court, after an account has been stated .by the Auditor, in pursuance of directions, to review and reverse the decision, and to dismiss the bill on more mature consideration. A, 62. But where an order of this Court baa been appealed from, and the Appel- late Court has remanded the cause for further proceedings, without re- versing or affirming such order, but in the order so remanding the cause has expressed its distinct approbation of the order appealed from, no question adjudicated by that order is open lot examination in this Court, except those in regard to which additional evidence has "been intro duced. 16. 63. As a general rule, the parties must be limited to the items of surcharge aad falsification specified in lir pleadings; this is indispensable, to pre- vent surprise. Ib. 64. If a deed is executed under suspicious circumstances, or is merely con- structively fraudulent, this Court may, Mid should, permit it to stand as a security or indemnity to the grantee. Ib, 65. Equity, unlike a Court of law, 'which must pronounce one way or.the other upon the validity of a deed, way adopt a milder course, and suffer it to stand, not as an absolute conveyance, but simply as a security for the sum really due. Ib. 66. In this case, a settlement between the complainant and the corporation was made, and the stock of the Company transferred to the for the |
| |||
|
| ||||
|
| ||||
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 598 View pdf image (33K) |
|
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.
Maryland State Archives