Jefferson v. Stuckert
Court of Chancery of Delaware
Statement of the Case. To the bill the defendánts have filed a plea and an answer. By the plea it was alleged that the complainant had theretofore filed another bill against the same defendants, containing the same charges, averments and prayers; that the defendants had appeared and answered the bill; and that as provided in Rule 85 the bill was marked dismissed by the Register in Chancery, the complainant having failed to file a motion for hearing of the testimony by the…
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Statement of the Case. To the bill the defendánts have filed a plea and an answer. By the plea it was alleged that the complainant had theretofore filed another bill against the same defendants, containing the same charges, averments and prayers; that the defendants had appeared and answered the bill; and that as provided in Rule 85 the bill was marked dismissed by the Register in Chancery, the complainant having failed to file a motion for hearing of the testimony by the Chancellor, or for the taking thereof otherwise, as required by the rules. It was urged that the cause was res adjudícala…
1Opinion of the Court
The Chancellor.
By the plea the question as to the effect of the new Rule No. 85 is judicially raised, for the first time. If a complainant fails to prosecute his cause with the diligence required by the rules, and if in consequence thereof he. is deemed to have abandoned the cause, and the Register in Chancery marks on the record a dismissal of the cause, is such disposition of the cause a bar to the filing of another bill with the same charges, averments and prayers ?
It is a rule recognized everywhere that if a cause be .disposed of on any ground which did not go to the merits of the action,…
2Cases cited2 opinions
- Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
- Cochran v. CouperCourt of Chancery of Delaware · 1837
3Cited by2 opinions
- Williams v. DaiseySuperior Court of Delaware · 1935
- Equity Corp. v. GrovesCourt of Chancery of Delaware · 1947