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MCKIM v. ODOM. 407
Whereupon it is Ordered, that the last one of the exceptions of
the plaintiff to the said answer, be and the same is hereby allowed;
and that the said exhibit which the defendants have prayed to be
taken as a part of their answer, purporting to be a copy of the
second administration account of the defendants, and the distribu-
tion of the surplus of their intestate's estate, be expunged from the
proceedings in this case; that all the other exceptions of the said
plaintiff to the said answer be overruled, And that the defendants
pay to the plaintiff all the costs of the said exceptions, including a
solicitor's fee, to be taxed by the register.
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MCKIM v. ODOM.
If the plaintiff brings on the case for hearing on bill and answer, he thereby admits
the answer to be true.—The bill dismissed as to some of the defendants, and relief
granted against others.—A decree to account.—Where evidence is to be taken, a
reasonable time to collect it is allowed as of course.—After an appeal had been
taken, the plaintiff, on dismissing his appeal,, allowed to amend his bill, on which
a new injunction was granted on terms.
Three kinds of corporations, in reference to their objects; the nature of each consi-
dered.—How a corporation may sue or be sued; and to what actions it may be
liable.—The proceedings against a corporation to enforce an answer, or obedience
to a decree.
The proceeding by publication, on the ground that the defendant does not reside in
the state, does not apply to those, such as mariners, who are temporarily absent
in their vocation.—There can be no substituted service of a subpaena to answer
an amended bill upon a solicitor, as against a resident defendant.
THIS bill was filed on the 23d of June, 1827, by William S.
Moore and John McKim, junior, against John Odom, George Law,
William G. Harrison, William F. Anderson, and The President and
Directors of the Franklin Bank of Baltimore. The bill states, that
the plaintiff Moore and the defendant Odom, being joint and equal
owners of the schooner Beauty, sent her on a voyage from Balti-
more to Montevideo, under Odom as master; that, for the better
management of the concerns of their vessel, they employed the
defendants Law & Harrison, then partners in trade, as her ship's
husband; that it was agreed by these owners, before their vessel
sailed, that she might be sold, and she was sold accordingly, at
Montevideo, for about $12,000; and there were remitted in specie,
by tie United States ship Cyane, as a part of the proceeds of
sale, about $9,000, with a bill of lading for the defendant Law;
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