Clarke v. O'Brien

Opinion by Jones, J., ⁷³² There are two appeals in this record standing on the docket of the October Term, 1902, of this Court, as Nos. 89 and 90. The appeals are from an order of the Court below finally ratifying an auditor’s account in a cause pending in the Circuit Court No. 2, of Baltimore City. This is the third time that proceedings in that cause have been brought to this Court for review. The first of the cases brought here is reported under the title of Chappell v. Clarke, in 92 Maryland Reports, at page 98.

It .there appears how the cause originated and what proceedings had been had therein up to the time of the appeal to this Court. Upon that appeal this Court reversed the order of the Court below which was brought up for review for certain irregularities, appearing in the proceedings, which are pointed out in the opinion filed. It was indicated how these irregularities could be cured and the Court said the orders were reversed on' purely technical grounds and that the Court was not passing upon and its action did not affect “the merits of the controversy.” The cause was remanded for further proceedings ; and these being had in the Court below seven appeals from orders passed in the course of these proceedings were taken by the parties who have brought the present appeals. Four of them by the appellant in No. 90 Thomas C. Chappell, trustee, and the remaining three by the appellant in No. 89 Fannie Chappell Clarke.

These appeals were brought up in one record and were disposed of by this Court in the ⁷³³ case reported in 94 Md. 178 , in which it will appear that one was dismissed and in all the others the orders of the Court below were affirmed. The principal question raised and urged in. this Court in the last mentioned appeals was as to the jurisdiction of the Court below; and its power to pass the original decree under authority of which the proceedings had been had; and also as to its power to pass orders which were the subject of appeal apart from its jurisdiction to pass the foundation decree. The decision of this Court affirmed the jurisdiction of the Court below in every instance. Upon the remand of the cause to the Court below further proceedings were had therein and from orders passed in the course of these further proceedings the present appeal were taken.

From an examination of the record we find that in No. 90