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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 120   View pdf image (33K)
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120 HIGH COURT OF CHANCERY.
no substantial injustice has been inflicted upon the opposite party by denying
him the benefit of a cross-examination, and that delay and injury will be
visited upon the party relying upon the proof, an objection thereto on this
ground ought not to prevail.
The order for the examination of a party, as a witness, is granted almost as a
matter of course, leaving the objections to be made and considered when the
testimony is brought in.
[The proceedings in this case up to December, 1849, are
very fully stated in the report of the case in 8 Gill, 376, and
in 10 G. and J., 159. The proceedings in this court since the
cause was reinstated therein in 1849, are sufficiently stated in
the following opinion of the Chancellor, delivered on the 1st of
August, 1853, upon the hearing of the petition of the defend-
ants, and the exceptions to the Auditor's report and accounts.]
THE CHANCELLOR :
The original bill in this case was filed in March, 1834, and
the cause, therefore, has been pending nearly twenty-five years,
during which long period the complainant has been deprived,
for the most part, of the support which, according to two seve-
ral adjudications of the Court of Appeals, he is unquestionably
entitled to. It would, therefore, be a subject of regret if any
substantial and insurmountable objection existed to the speedy
determination of the controversy.
After the decision of the Court of Appeals at the December
term, 1849, and the reinstatement of the cause in this court, a
commission issued, by consent, to John C. Mullikin to take fur-
ther evidence, and the depositions of several witnesses were
taken and returned by him in November, 1852. Among them
is the deposition of Edward Tolson, who appears, by the return
of the commissioner, to have been examined on the 19th of
September, 1851. This deposition has, to some considerable
extent, been made the basis of the last report of the Auditor,
and the principal ground of objection to that report urged on
the part of the defendants, refers to that deposition and the
influence it has had upon the account.
It is to be remembered that the witness is himself a defend-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 120   View pdf image (33K)
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