Maison Dorin Société Anonyme v. Arnold

(after stating the facts as above). Appellant contends that under equity rule 57, after a cause has been dismissed under its terms, the District Court has no power to recall the parties, and no authority to hear a motion to vacate an order granted under said rule, without the permission of the Supreme Court of the United States, and bases its contention largely upon the apparently mandatory phrase “shall be dismissed” contained in said rule.

Equity rule 57 reads as follows:

“After a cause shall be placed on the trial calendar it may be passed over to another day of the same .term, by consent of…