Garland v. Independent Oil & Gas Co.

The Chancellor:

Rule 44 requires that a motion for decree notwithstanding answer should be made within ten days after answer filed. The answer was filed March 7, 1931. The motion for decree notwithstanding ‘ answer was made May 15, 1931. It was therefore too late under the rule.

The complainants however ask that the rule be not enforced against them. The defendant opposes the request because it says there is no power in the court to waive the requirement of the rule, there being no reservation of such power in the rule itself. In re Du Pont, et al., 8 Del. Ch. 442, 68 A. 399, is cited to…