|
|
|
|
|
|
|
166 SALMON v. CLAGETT.
are by no means such answers as can, upon any grounds,
them to a dissolution of the injunction.
Whereupon, it k Ordered, that the several exceptions to the
answers of the defendants be and they are hereby declared to be
valid; and the defendants and each of them are hereby required to
make and file a full and sufficient answer to the plaintiff's bill of
complaint on or before the twentieth day of December next. And
it is farther Ordered, that the injunction heretofore granted, be
and the same is hereby continued until the final hearing or further
order.
|
|
|
|
|
|
|
|
|
|
The defendant Elizabeth Clagett filed a further answer, and the
plaintiff put in a general replication; and commissions were issued
to take testimony, which were returned, and the case set down for
filial hearing. After which, on the 16th of June, 1830, the plain-
tiff by his petition, which, it was agreed, should be received as on
oath, stated, that by mistake, the depositions of two of his wit-
Besses had not been taken, that their testimony was material,
competent and proper; by which he expected to prove, that the
defendant Thomas Clagett was indebted to him in the sum of
$9,000, after giving him all due credits; and that the said sum
was secured by the mortgage by which Thomas Clagett and the
other defendants were bound; and he further stated, that the testi-
mony of those witnesses had not been taken, owing to a mistake
produced by another suit being then depending in this court be-
tween this plaintiff and the defendant Thomas Clagett. Upon
which a commission was prayed, &c. Whereupon, it was Ordered,
that & commission issue as prayed, returnable to the first day of
the then next July term; reserving to the defendants the right to
call for a final hearing during that term.
At July term, 1830, the case standing ready for final hearing
was opened and argued by a solicitor on the part of the plaintiff;
when it was objected, on the part of the defendants, that there was
no proof to sustain the allegations and exhibits of the bill, that
certain notes for goods sold had been given by the defendant
Thomas Clagett; or of the notes which had been lent by Salmon
to Thomas Clagett, Whereupon, the plaintiff by his petition on
oath, stated, that owing to an oversight and misapprehension of
his solicitors, produced by their attention being called off to
cause then depending here between himself and Thomas
Clagett, the testimony in relation to those notes then exhibited
|
|
|
|
|
|
|
|
 |
