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WALSH v. SMYTH. 17
Whereupon it is Decreed, that the injunction heretofore granted
in this case, be, and the same is hereby dissolved, And it is fur-
ther Decreed, that the said bill of complaint, be, and the same is
hereby dismissed with costs, to be taxed by the register.
John Glenn, as administrator de bonis non of Stephen Casenave,
deceased, by his petition filed on the 24th of September, 1830, on
oath, stated, that Stephen Casenave, one of the plaintiffs, died, and
administration of bis personal estate was granted by the Orphans
Court of Baltimore, to Mines Walker, who died sometime about
the year 1810; that at October term, 1798, the death of STEPHEN
Casenave was suggested, and entered upon the docket, which entry
was continued until 1814, when it was first omitted, and does not
afterwards appear among the docket entries in the several conti-
nuances of the case; but that the name of Stephen Casenave ap-
pears in all the continuances of the case on the docket, and in all
the answers and proceedings, where the title of the action is set
forth, as one of the existing plaintiffs. That the petitioner on the
23d day of September, 1830, obtained letters of administration de
boms tion, of all the goods, chattels and credits which were of the
late Stephen Casenave. That the defendants Thomas Smyth, John
Heathcote, James Dall, and James Clayland, are also dead; but no
suggestion or other notice of the death of any of those defendants
was made in the case, nor any process issued or proceeding had
to make their representatives parties, or to make the representatives
of the plaintiff Casenave parties; and that the court thus re-
mained wholly uninformed of the death of the plaintiff Casenave,
and of those defendants, while sundry proceedings were had to
bring the case to a final hearing; and it was submitted for deci-
sion before full and competent testimony in support of the equity
set forth in the bill was obtained.
might be charged with the payment of his debts, Some of the heirs answered, as to
all of whom, upon the hearing, the bill was dismissed.
22d January, 1800.—HANSON, Chancellor.—As to the defendant Deborah Dorsey,
executrix of Edward Dorsey, who has been regularly summoned, and stood out the
process of attachment, and attachment with proclamations, and failed to appear and
answer agreeably to law, the Chancellor it by law to take, and the bill is hereby
taken pro confesso. And this case shews plainly the impropriety of directing the
Chancellor absolutely to take any bill pro confesso. But Inasmuch as the bill states,
that the personal estate of the testator is exhausted, it does not appear, that the
complainant can have any benefit from the said taking; and the chancellor being
authorized to decree what appears just; (1785, ch. 72, s. 19.) It is Decreed, that
the bill as to Deborah Dorsey be, and the same is hereby dismissed, &c.
3 v.2
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