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ABATEMENT.
A creditor's suit by and against legatees
and devisees, abates by the death of
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A marriage originally valid between then
living parties, although a contract, can
only be annulled by the general assem-
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one of the plaintiffs, who leaves others
t© take his interest. — Hammond v.
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bly, 235.
An act giving authority to mortgage the
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Hammond, 310.
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real estate of a deceased person for
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A petition by some of several infants
against others, to have land sold for
their benefit, does not abate by the
death of one of them.— Tilly v. Tilly,
440.
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the payment of his debts, may bind his
heirs or devisees who applied for it
but cannot affect the rights of his cre-
ditors, 237.
The acts in relation to proceedings against
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ACCOUNT
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non-resident, absconding, or contuma-
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cious defendants, considered. — Buck-
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A decree to account with special direc-
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ingham v. Peddicord, 447.
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tions. — Cox Y. Callahan, 51; Ham-
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mond v. Hammond, 309.
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ALIMONY.
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A commission to state accounts, ordered
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The nature of alimony, and the cases
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with special directions. — Sloss v. McIl-
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in which it will be allowed. — Helms
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vane, 73.
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v. Franciscus, 565; Macnamara's case,
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Decree that tenants in common of a ferry,
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566; Lynthecumb's case, 568; Scott's
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account for its profits. — Norwood v.
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case, 568; Govane's case, 570.
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Norwood, 477.
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ANSWER.
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ACTS OF ASSEMBLY.
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The exceptions to an answer heard and
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No evidence can be admitted to explain
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sustained by the Chancellor, and the
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the meaning of an act of the legisla-
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defendant ordered to put in a better
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ture. — Binney's case, 150, 152.
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answer. — Parker v. Mackall, 63.
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Private acts regarded as contracts bind-
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A writing which purports to be the
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ing on the parties who apply for them,
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answer of several, but is not sworn to
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151.
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by all of them, may be taken off the
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As to private acts, some evidence may,
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file; or considered as the answer of
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under some circumstances, be admit-
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him only, who has sworn to it. — Bin-
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ted as to their construction, 151, and
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ney's case, 109.
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note.
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A defendant may sufficiently answer by
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The meaning of an act of assembly may
be illustrated by reference to the sub-
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adopting the answer of his co-defen-
dant, 110.
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ject spoken of, 154.
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Upon an answer of an infant or lunatic,
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A private act, giving the Chancellor au-
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in a creditor's suit; admitting or not
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thority to act, executed on an ex parte
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denying the facts stated in the bill, a
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petition. — Campbell's case, 215.
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decree for a sale may be at once ob-
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Private acts, the mode of obtaining them,
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tained. — Campbell's case, 225; Ham-
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their nature, and the cases to which
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mond v. Hammond, 352; Chamberlain
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they may be applied, 226, 234, 237.
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v. Brown, 221; Boucher v. Bradford,
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A private act considered as a conveyance
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222.
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binding only on the parties to it; and
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An answer to the same facts over-rules
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may be set aside on the ground of fraud,
229, 233.
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the plea.— -The Bank v. Dugan, 257.
If the plaintiff sets the case for hearing
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No fact can be assumed by the legislature
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on bill and answer, or moves thereon
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to the prejudice of the rights of an
individual, 229.— Waring v. Waring,
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for an order to bring money into court,
he admits all the facts set forth in the
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676.
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answer. — Contee v. Dawson, 267.
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An aet of assembly may be declared void,
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The answer of a non-resident defendant
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on the ground of its absurdity, apart
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is a judicial record of this state, and
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from any constitutional objection. —
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must be authenticated as such, accord-
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Campbell's case, 231.
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ingly, 282.
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