ART. 93] ORPHANS' COURT. 2121

bard v. Barcus 38 Md. 172; Cannon v. Crook, 32 Md. 484; Barroll v. Peters,
20 Md. 178.

Plenary proceedings must be conducted as prescribed by this section and
sections 255 and 256. Where the answer Is Irregular and none of the testi-
mony appears in the record, and no judgment or decree can he founded upon
the record as it stands, the case will he reversed. Stonesifer v. Shriver, 100
Md. 27; Bowling v. Estep, 56 Md. 567; Cannon v. Crook, 32 Md. 485; Barroll
v. Peters, 20 Md. 178.

Purpose of this section. This section and section 255 only apply where
there are matters in issue between the parties, and not to cases where there
ia no dispute concerning the facts. Cain v. Warford, 3 Md. 402.

The act of 1892, ch. 275, authorizes process by summons, order of publica-
tion or attachment, to compel appearance in all cases of controversy in the
orphans' court. How and when a will may be set aside upon its probate after
contest. Parties. Laches. McCambridge v. Walraven, 88 Md. 383.

Plenary proceedings and an answer under oath may be demanded at any
stage of the proceedings before final adjudication. Humes v. Shillington,
22 Md. 358.

The answer must be under oath, and the defect, is not waived by arguing
the case before the dismissal of the petition. Cover v. Stockdale, 16 Md. 7.

This section referred to In construing section 236—see notes thereto. Con-
ner v. Ogle, 4 Md. Ch. 451.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

See notes to sec. 255.

1904, art. 93, sec. 254. 1888, art. 93, sec. 250. 1860, art. 93, sec. 250. 1798, ch. 101,
sub-ch. 15, sec. 17. 1886, ch. 498.

255. On such plenary proceeding, all the depositions shall be taken
in writing and recorded, and, if either party require it, the court shall
direct an issue or issues to be made up and sent to any court of law
convenient for trying the same, and the issues shall be tried in the said
court of law as soon as convenient, without any continuance longer than
may be necessary to procure the attendance of witnesses; and the power
of the court of law and the proceedings thereto relative shall be as
directed by law respecting the trial of issues, and the orphans' court
shall give judgment or decree upon the bill and answer and depositions
or the finding of the jury, and may in all cases of contest award costs.
in their discretion, and compel payment by attachment and fine, or by
attachment and sequestration, or by fieri facias.

Issues.

Purpose of this section. The duty of the orphans' court to make up and
transmit issues when required is imperative, and the findings of the court of
law are final and must be made effective by the orphans' court. Price v.
Taylor, 21 Md. 363. And see Pleasants v. McKenney, 109 Md. 277; Keene v.
Corse, 80 Md. 23; Sumwalt v. Sumwalt, 52 Md. 346; Worthington v. Ridgely,
52 Md. 355; Waters v. Waters, 26 Md. 72; Humes v. Shillington, 22 Md. 358;
Cook v. Carr, 20 Md. 410; Warford v. Colvin, 14 Md. 552; Pegg v. Warford,
4 Md. 396; Cooke v. Cooke, 29 Md. 552.

Where issues have been tried and a verdict rendered, other persons (though
not parties to the first case) are not entitled to issues involving substantially
the same questions. McCambridge 1;. Walraven, 88 Md. 380; Pleasants v.
McKenney, 109 Md. 277: Worthington v. Glttinss, 56 Md. 548; Sumwalt v.
Sumwalt. 52 Md. 340; Worthington v. Ridgely. 52 Md. 355; Pegg v. Warford.
4 Md. 394; Warford v. Van Sickle. 4 Md 399; cf. Munnikhuysen v. Magraw,
35 Md. 280.

The dismissal of one set of issues before the trial in a court of law, is not
a bar to subsequent issues. Levy v. Levy, 28 Md. 29; Price v. Moore, 21 Md.
373. And see Price v. Taylor, 21 Md. 363.