2120 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 251. 1888, art. 93, sec. 247. 1860, art. 93, sec. 247.
1802, ch. 101, sec. 6.

252. If in the case mentioned in the preceding section, there has
been a judgment rendered previous to the revocation of the letters, a
scire facias shall issue upon such judgment against the proper executor
or administrator, suggesting the revocation of the letters of the former
executor or administrator, and there shall be the same proceedings as
in ordinary cases against executors and administrators.

Ibid. sec. 252. 1888, art. 93, sec. 248. 1860, art. 93, sec. 248.
1802, ch. 101, sec. 7.

253. If a judgment shall be obtained against an executor or admin-
istrator who has been made a party to a suit in the place of an executor
or administrator whose letters have been revoked, and it shall not be
found by the jury that the executor or administrator against whom such
judgment has been rendered has assets sufficient to discharge the same,
the plaintiff in such judgment may also issue a scire facias on such judg-
ment against the executor or administrator whose letters have been
revoked, suggesting that such executor or administrator did receive
assets of the deceased, liable to such judgment, more than was paid
over or delivered by such executor or administrator, to the persons
obtaining the said letters testamentary or of administration; and if the
same shall be controverted, it shall be ascertained by a jury in the same
manner as in cases of scire facias suggesting assets against the second
executor or administrator; and in case of a verdict and judgment being
given against such former executor or administrator, execution may
issue thereon in the same manner as against other executors or adminis-
trators, and the plaintiff may also sue the bond of such former executor
or administrator.

Ibid. sec. 253. 1888, art. 93, sec. 249. 1860, art. 93, sec. 249.
1798, ch. 101, sub-ch. 15, sec. 16. 1892, ch. 275.

254. The orphans' court may, in all cases of controversy therein,
upon the application of either party, direct plenary proceedings by bill
or petition, to which there shall be an answer on oath, and if the party
refuse to answer any matter alleged in the bill or petition, proper for
the court to decide upon, he may be attached, fined and committed, or
his property may be attached and sequestered; and the appearance of
the defendant or defendants to such bill or petition may be compelled
by writ of summons, order of publication or attachment, as such appear-
ance is now compelled to bills and petitions in the circuit court for the
counties, as courts of equity, and the judges of the orphans' court and
register of wills shall have the same authority to order, issue and attest
such process respectively as the judges and clerks of said circuit courts
now have respectively, in cases in their courts.

Wherever a bill or petition is filed, whether or not the other parties are

cited to appear, if they do appear and answer, the proceeding is plenary.

Pegg v. Warford, 4 Md. 306. And see Stonesifer v. Shriver, 100 Md. 28;

Daugherty v. Daugherty, 82 Md. 232; Bowling v. Estep, 56 Md. 567; Hub-