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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 647   View pdf image (33K)
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INDEX.—1 BLAND. 647

BILLS OF REVIEW.—Continued.

2. If the new matter actually came to the knowledge of the party or
might have been known to him, by reasonably active diligence, so
long before the decree as to have enabled him to have had the mat-
ter put upon the record at the hearing, no bill of review will be
allowed. Ib.

3. Although the party, applying for a re-hearing, may himself have no
merits, yet if he shews, that the interests of innocent third persons,
or those for whom he is trustee, may be injuriously affected, the re-
hearing will be granted. Ib.

See DECREE, 3, 4, 6. 8.

BOND.

1. The mere forbearance to sue. without fraud or collusion, cannot affect
the obligee's rights against the obligor or his surety. Hoye v. Penn,
23.

2. The assignee of a bond takes it subject to all equities, whether he has

notice of them or not. Estep v. Watkins. 459.
See APPEAL AND EEKOR, 1, 2.

CHANCELLOR AND CHANCERY.

1. The Court of Chancery of Maryland has always governed itself ac-
cording to the principles of the Court of Chancery of England.
Ringgold's Case, 1.

2. The circumstances and causes which led to the adoption of the thirtieth
Article of the Declaration of Eights relative to judicial independ-
ency. The manner in which the several provisions of that Article
were introduced and established. The Chancellor''s Case. 557.

3. A salary once given to, or which has become legally vested in a Chan-
cellor or Judge cannot, during the continuance of his commission,
be in any way constitutionally withheld or diminished. Ib.

4. The General Assembly are constitutionally bound to give a salary to a
Chancellor or Judge, which shall be secured to him during the con-
tinuance of his commission: but they may. by temporary appropria-
tions, or in any other form, provide for the payment of such a salary.
Ib.

CONSIDERATION.
See CONTRACT, 9.

CONSTITUTIONAL LAW.
See AFFIDAVIT. 1.

CHANCELLOR AND CHANCERY, 2, 3. 4.

CONTRACT.

1. Agreements between solicitors and suitors, relative to professional
services, must be enforced like other contracts: and cannot be in-
troduced into and settled as a part of the case. Strikers Case. 50.

2. The Statute of Frauds does not embrace mutual promises to marry,
but extends only to agreements to pay marriage portions. Ogden v.
Ogden, 365.

3. And in such cases according to the proper signification of the word
agreement; the whole, the consideration as well as the promise,
must be in writing. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 647   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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