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The Maryland Code, Public General Laws, 1888
Volume 389, Page 131   View pdf image
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ART. 16.] CHANCERY—ABATEMENT AND REVIVOR. 131

207. Failure of trustee to- bond. Pro-
ceedings upon.
208. New trustee appointed by court.
209. Report of sales by trustees.
210. Failure of trustee to report. Pro-
ceedings upon.
211. Resignation of trustee. How
made.
212. Appointment of new trustee
How made.
213. Payment to foreign trustees when
ordered.
214. Payment to other "trustees when
ordered.
215. Release by said trustees to be
valid.

Witnesses and Testimony,
216. Examiners. Their duties, powers
and compensation
217. Subpoenas for witnesses.
218. Examinations. How conducted.
219. General question to each witness.

220. Testimony to be read to and
signed by witness. Exceptions.
221. Return of testimony to court.
222. Testimony to be taken without
delay. Rale return.
223. To lie ten days in court. Waiver
by consent.
224. Depositions de bene eise.
225. Oral examination by consent in
Circuit Court of Baltimore City.
226. Special order to take testimony.
227. Commissions to issue to two per-
sons
228. To one by consent.
229, One only to act on same day.
230. Rules for speedy return.
231. Pay of witnesses.
232. Attachment for refusal to attend.
233. Testimony available against de-
fendants in default.
234. Court of Appeals may repeal or
modify rules in their discretion.

Abatement and Revivor.

P. G. L., (1860,) art. 16, sec. 1. 1820, ch. 161. 1842, ch. 229.

1. No suit in chancery shall abate by the death of any of the
parties in cases where the rights involved in the suit survive.

Tilly v. Tilly, 2 Bl. 436. Austin e Cochran, 3 Bl 337. Neale v. Hagthorp,

S Bl 551. Glenn v. Hebb's Admr., 17 Md. 260. Diffenderffer v. Griffith, 57

Md. 84.

Ibid. sec. 2. 1820, ch. 161, sec. 4. 1844, ch. 44, sec. 2.

2t If any of the parties to a suit in chancery, whether plaintiff
or defendant, shall die after the filing of the bill or petition, it
shall not be necessary to file a bill of revivor; but any of the sur-
viving parties may file a suggestion of such death, setting forth
when the death occurred, and who is the legal representative of
such deceased party, and how he is representative, whether by
devise, descent or otherwise.

Somerville v. Trueman, 4 H. & McH. 43. Burch v. Scott, 1 Bl. 112. Hall

v. Hall, 1 Bl. 130. Labes v. Monkur, 1 Bl. 130, note (n) Owings' Case, 1 Bl.
370. Allen v. Burke, 1 Bl. 544. Griffith v. Bronangh, 1 Bl. 547. Walsh v.
Smyth, 3 Bl. 1. Glenn v. Clupp, 11 G. & J. 1.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 131   View pdf image
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