2962 ARTICLE 93.

ment has been rendered has assets sufficient to discharge the same, the
plaintiff in such judgment may also issue a scire facias on such judgment
against the executor or administrator whose letters have been revoked,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 execu-
tor or administrator, execution may issue thereon in the same manner as
against other executors or administrators, and the plaintiff may also sue
the bond of such former executor or administrator...

An. Code, see. 254. 1904, sec. 253. 1888, sec. 249. 1798, ch. 101, sub-ch. 15, sec. 16.

1892, ch. 275.

263. The orphans' court may, in all cases of controversy therein, upon
the application of either party, direct plenary proceedings' by bill or peti-
tion, 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 sum-
mons, order of publication or attachment, as such appearance is now com-
pelled 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. 396. And see Stonesifer v. Shriver, 100 Md. 28; Daugherty v. Daugherty, 82
Md. 232; Bowling v. Estep, 56 Md. 567; Hubbard 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 secs. 264
and 265. Where answer is irregular and none of testimony appears in record, and no
judgment or decree can be founded upon record as it stands, case will be 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 sec. 264 only apply where there are
matters in issue between parties, and not to eases where there is no dispute concerning
facts. Cain v. Warford, 3 Md. 462.

The act of 1892, ch. 275, authorizes process by summons, order of publication or
attachment, to compel appearance in all cases of controversy in 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
proceedings before final adjudication. Humes v. Shillington, 22 Md. 358.

Plenary proceedings in pursuance of this and the two following sections, prayed.
See notes to art. 46, sec. 3. Wilson v. Jarrell, 137 Md. 564.

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 sec. 245—see notes thereto. Conner v. Ogle,
4 Md. Ch. 451.

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

See notes to secs. 235 and 264.