CONTEE v. DAWSON. 305
to the petitioner Eleanor Contee; whereupon they prayed, that the
defendant Eleanor Dawson might be compelled to pay into this
court the sum of money aforesaid, with all interest due thereon;
that a reasonable time might be appointed for James Dawson, or
his representatives to exhibit their claim; and that she be required
to render an account of all assets which have come to her hands
since the date of her second administration account, and to bring
in the same for distribution, and for general relief.
28th September, 1832.—BLAND, Chancellor.—It may be well
here to observe, that when an appeal is taken from any order or
decree of this court, the original record itself remains here; and, as
directed by the acts of assembly, a transcript only is transmitted to
the Court of Appeals; nevertheless, as before that is done, the party
must put upon the record of this court his prayer, or direction for
an appeal, the Chancellor is thereby officially informed of the fact.
But, in such cases, where the Court of Appeals affirms or reverses
the order or decree of this court, or remands the case, as in this
instance, with directions that further proceedings be had; or where
any thing is left open for the action of this court, after the decision
of the Court of Appeals, it has always been usual, and is deemed
necessary and sufficient, as the original record remains here, that
the party who asks this court again to act, should do so by a peti-
tion, exhibiting therewith a copy of the order or decree of the Court
of Appeals, thus officially apprising the Chancellor of what had
been done in such a manner as to enable him correctly to regulate
his further proceedings accordingly, (x) Upon this petition it is,
therefore, in obedience to the said decree of the Court of Appeals,
Ordered, that the said Eleanor Dawson, executrix of William
Dawson, deceased, on or before the 20th day of November next,
bring into this court, the sum of $3,929, with interest thereon, un-
til paid in, from the 22d day of January, 1823. That the term of
one year from the date of this order be and the same is hereby
limited, as the time within which the said James Dawson is allowed
to establish his claim, in this case mentioned, against the estate of
the late William Dawson. And that Eleanor Dawson, executrix
of William Dawson, be and she is hereby required, to render a full
account of the assets of the said William Dawson, which, since
the date of her second administration account have come, or shall
(x) Attorney-General v. Scott, 1 Ves. 419; Dethick v. Bradbourne, T. Raym. 5;
1 Harri. Prac. Chan. 677; Bac. Abr. tit. Error, M. 2; Rawlings v. Stewart, 1
Bland, 23, note; Brown v. Brown, 1804, M. S.; Dickson v. Haffner, 1807, M. S.
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