Pollitzer v. Jones

Equity Rule 57 provides, inter alia: “Continuances beyond the term by consent of parties shall be allowed, - on condition only that a stipulation be signed by counsel for all the parties and that all costs incurred theretofore be paid. Thereupon an order shall be entered dropping the ease from the trial calendar, subject to reinstatement within one year upon application to the court by either party, in which event it shall be heard at the earliest convenient day.” (Italics ours.) We are of the opinion that this does not necessarily require, although it permits, a continuance by consent. of…