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HALL v. McPHERSON. 533
the nature of the case may suggest; and to report his proceedings
to the Chancellor,
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By consent a commission was issued to Joseph G. Harrison to
take testimony; who accordingly took the depositions of several
witnesses and returned them with the commission. After which
he filed a petition in which he stated, that his fees, as commis-
sioner, against the defendant amounted to the sum of $16, which
he had neglected to pay, although repeatedly called on so to do.
Whereupon he prayed for an order for payment.
15th May, 1829. —BLAND, Chancellor. —Ordered, that the de-
fendant Thomas T. McPherson forthwith pay to the commissioner
Joseph G. Harrison, the sum of sixteen dollars, being for his com-
mission fees as above stated.
On the 9th of March, 1832, the plaintiff filed a supplemental bill
in which he stated, that the defendant Thomas T. McPherson had
on application to Anne Arundel County Court, been finally dis-
charged under the insolvent law, that Robert McPherson had
been appointed trustee for the benefit of his creditors; and that
soon after Thomas T. McPherson died utterly insolvent; that no
administration had been, or would be granted on his estate; by
reason whereof this suit had abated. Whereupon he prayed, that
it might be revived against Robert McPherson, the trustee of the
late defendant, &c. The subpoena issued on this bill was returned
summoned to March term, 1832.
The plaintiff, by his petition, filed on the 20th of July, 1832,
prayed to have leave to dismiss his bill, and for the usual order in
such case.
26th July, 1832. —BLAND, Chancellor. —This case having been
submitted with notes by the plaintiff's solicitor, and no one ap-
pearing for the defendant before the close of the sittings of the
term, the proceedings were read and considered.
The application of a plaintiff to dismiss his bill is one which is,
ordinarily, granted as of course, at any stage of the proceedings,
on the payment of costs, (b) But in this case there having been a
decree to account, each party has been thereby virtually clothed
with the rights of an actor; after which the defendant having
(b) 4 Ann, c. 16, s. 23; Kilty's Rep, 247; Anonymous, 1 Ves., jun., 140; Dixon v
Parks, 1 Ves., Jun., 402.
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