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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 547   View pdf image (33K)
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GRIFFITH v. BRONAUGH. 547

been summoned, and no cause having been shewn, it is therefore
Ordered, that the said decree stand revived to all intents and pur-
poses whatever in favour of the said Sarah Allen, administratrix
with the will annexed of the said late Richard Alleny against the
said defendants Micajah Burke, Elizabeth Burke, and William
Comegys, as prayed by the petition of the said Sarah.

GRIFFITH v. BRONAUGH.

The act of 1820, ch 161, only gives a new mode of proceeding in certain cases in
place of a proper bill of revivor.

After a decree to account, or a final decree a defendant may revive the suit; but in
general he cannot revive it in any other case.

In an injunction case, it may be ordered, on petition of the defendant, that the repre-
sentatives of the late plaintiff, on a copy of the order being served on them, pro-
ceed to revive the suit on or before a certain day, or that the injunction be dis-
solved. If such representatives are numerous, widely dispersed, unknown or
nonresidents, it will be sufficient to have it entered on the docket, that they come in
and revive before the end of the then next term.

This bill was filed on the 3d of July 1820, by Samuel G. Grif-
fith against John W. Bronaugh, to obtain an injunction to stay
proceedings at law on a judgment recovered by the defendant,
Bronaughy against the plaintiff, Griffith, The injunction was
granted as prayed. After which, in December 1820, the plaintiff,
Samuel, died intestate, and administration was granted on his per-
sonal estate to Luke Griffith of Harford county: upon which the
defendant by his petition, filed on the 17th of November 1821,
prayed, that he might be made a party, &c.; and it was ordered,
that he be summoned accordingly. Afterwards, Luke Griffith not
having appeared, the defendant, by his petition filed on the 11th
February 1829, prayed, that Luke Griffith might be ordered to
appear and cause this suit to be revived, or that the injunction
be dissolved.

13th February, 1829.—BLAND, Chancellor.—It appears, that
this defendant, by his petition of the 17th of November 1821,
suggested the death of the plaintiff, and prayed that his adminis-
trator might be made a party, evidently with a view to have the suit

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 547   View pdf image (33K)
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