Pendergast v. Fostoria Oil Co.

The Chief Justice

(the Chancellor being disqualified to hear the cause). There is a preliminary motion pending in the above-stated case, which should be disposed of. I refer to the application made a few weeks ago by Mr. Davis, solicitor for the defendant, for the dismissal of the bill of complaint filed in the-case, because of the complainant’s failure to comply with Rule 82 of the Court of .Chancery, which reads as follows:

"When the testimony taken before examiners or commissioners have been returned to the Court, then upon motion of either party the Chancellor will fix the time for hearing…