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· 6/29/1898

Berger v. Clendinen

Citations

  • 88 Md. 151
  • 40 A. 705
  • 1898 Md. LEXIS 169

Syllabus

<p>Equity Practice — Final Ratification of Auditor's Accotmt Set-Off.</p> <p>When an auditor’s report in an equity cause is finally ratified without appeal taken no objection can afterwards be made to the amounts therein directed to be paid.</p> <p>When an estate is in course of distribution in an equity proceeding and a party to the cause owes money to the estate, and the estate at the same time owes that party a certain sum, he is entitled to set off the one indebtedness against the other and pay only the difference to the estate, if the balance is against him.</p>

Judges: Boyd, Briscoe, Bryan, Fowler, McSiierry, Pearce

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