Swann v. Carey

WOLCOTT, Chief Justice.

This is a motion to dismiss an appeal from the grant of an injunction in favor of the appellees by the Vice Chancellor. The dispute involves a right-of-way claimed by appellees. Following the judgment dated February 19, 1968, appellants obtained a new attorney, and nine months later filed a motion to vacate the judgment. This motion was denied on March 19, 1968 and fourteen months later appellants moved for a new trial on the ground of newly discovered evidence. This motion was denied on April 3, 1970. Appellants docketed their appeal on May 28, 1970.

Rule 9(2) (d) of…