Legal Opinion

Landes v. Wolf

Supreme Court of Delaware

Decided April 29, 1953No. 35, 1952PublishedCited by 4 opinions

1Opinion of the Court

Southerland, C. J.:

The question presented concerns the construction of Rule 41(e) of the rules of the Superior Court, relating to dismissal for want of prosecution. The rule provides:

“Dismissal For Failure To Prosecute. In the case of any action which has been pending in this Court for more than one year without any proceedings having been taken therein during that year, the Prothonotary shall after the expiration of the one year period mail to the parties a notice notifying them that the ación will be dismissed by the Court for want of prosecution if no proceedings are taken therein within…

2Cases cited3 opinions

  1. Smith v. Baltimore & Ohio RailroadSuperior Court of Delaware · 1951
  2. Ramirez v. RackleySuperior Court of Delaware · 1949
  3. Short & Walls Lumber Co. v. BlomeSuperior Court of Delaware · 1951

3Cited by4 opinions

  1. Vigil v. JohnsonNew Mexico Supreme Court · 1955
  2. Ayers v. D. F. Quillen & Sons, Inc.Supreme Court of Delaware · 1963
  3. Wilmington Trust Co. v. BarrySuperior Court of Delaware · 1979
  4. Park Centre Condominium Council v. EppsSuperior Court of Delaware · 1998

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