clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 452   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

452 BUCKINGHAM v. PEDDICORD.

him; so as to proceed with the case, and to obtain a final de-
cree against all, if necessary, where there is a plurality of defen-
dants, (o)

In regard to defendants who may be found within reach of the
process of the court, it has been declared, that if a defendant, being
of full age, and regularly summoned, shall neglect to appear at the
return court, and shall stand out the process of attachment of con-
tempt, and attachment with proclamation, without appearing and
putting in a good and sufficient answer, by the fourth day of the
term to which it is returnable, (p) the bill may be taken pro con-
fesso; or the defendant being, after appearance, brought into court
for not answering, may, on motion, stand committed until dis-
charged by further order; (q) and if he does not put in a good and
sufficient answer by the fourth day of the next court, the bill may
be taken pro confesso. And if the defendant shall have further
time granted him to answer, and he shall not put in a good and
sufficient answer before the expiration of the time, the bill shall be
taken pro confesso, without any further delay; and in all such
cases, such decree may be made thereon as may be deemed just;
or the Chancellor may order a commission for the plaintiff to exa-
mine witnesses, or may examine the plaintiff on interrogatories, to
ascertain the allegations of his bill, and may decree as he shall
think just, (r) That every defendant appearing at the return
court of the subpoena, shall file a good and sufficient answer on or
before the fourth day of the court, next following the return court;
and if, not having further time granted to answer, he shall omit to
do so, he shall be in contempt, and the plaintiff may have an at-
tachment of contempt; and on that being returned non est, may
have an attachment with proclamation against him; and if he shall
not file a good and sufficient answer by the return court, of the last
mentioned process, the bill, unless farther time has been granted
him to answer, shall be taken pro confesso; and such decree made,
as may be thought just; and if such a defendant shall have farther
time granted him to answer, and he shall not, before the expiration
of such time, put in a good and sufficient answer, the bill shall be
taken pro confesso without further delay, and such decree made

(o) 1785, ch. 72, s. 31; 1820, ch. 161; 1 Newl. Pra. Cha. 93; Darwent v.
Walton, 2 Atk. 610; Mayer v. Tyson, 1 Bland, 560.—(p) Can a defendant after
standing out this proces, be allowed, as of course, to come in, and demur or plead ?
Curzon v. De La Zouch, 1 Swan, 193; Cowell v. Seybrey, 1 Bland, 18, note;
Forum Rom, 71.—(q.) Man v. Parkinson, 9 Mod. 266.—(r) 1785, ch. 72, s. 19.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 452   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


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.

©Copyright  November 18, 2025
Maryland State Archives