clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 651   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

DUVALL v. THE FARMERS BANK.2 BLAND. 651

similar applications, the granting of which may be attended with
delay, where the propriety of granting it does not sufficiently ap-
pear from the nature of the case; or the documentary evidence,
called for, is not described in the proceedings of the suit in which
the application is made, the petition should be at least as specially
descriptive of the evidence and proof of facts, expected to be ob-
tained from the books and papers required, as in an affidavit, stat-
ing the nature and materiality of the proof expected to be obtained
from an absent witness, without whose testimony, a party alleges,
that he cannot safely go to trial, and, therefore moves for a con-
tinuance of his case in a Court of common law. The cases are so
strikingly analogous, that the rules and principles, with few ex-
ceptions, applicable to one class of cases, may be well applied to
the other. 1 Vern. 334; Jessop v. Duport, Barnar. 192; Steward
v. The East India Company, 9 Mod. 387; Smith v. Northumberland, 1
Cox, 363; Burton v. Neville, 2 Cox, 242; Oldham v. Carleton, 4 Bro.
C. C, 88; Rougemont v. The Royal Exchange, &c. 7 Ves. 304; The
Princess of Wales v. Liverpool. 1 Swan. 119; Jones v. Lewis, 1 Cond.
Cha. Rep, 438; Mendizabel v. Machado, 1 Cond. Cha. Rep. 553. In
this instance, the petition is entirely too indefinite and general.

Whereupon, it is decreed, that, the cause shewn being deemed
sufficient, the decree of the 11th instant be rescinded; and the peti-
tion be dismissed with costs to be taxed by the register.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 651   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This information resource of the Maryland State Archives is presented here for fair use in the public domain. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: Rights assessment for associated source material is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!


[ Archives' Home Page  ||  All About Maryland  ||  Maryland Manual On-Line  ||  Reference & Research
||  Search the Archives   ||  Education & Outreach  ||  Archives of Maryland Online ]

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 22, 2009
Maryland State Archives