Wilkinson Et Vir. v. Central Farmers Trust Co.

Pee Cubiam.

The appeal in this case is from an order of the Chancellor dismissing the bill of complaint without prejudice after the case had been set down on bill and answer and the court had denied a motion for enlargement of time in which to take testimony.

The appellants contend that it was abuse of discretion for the court to dismiss the bill without prejudice. Appellants maintain that the bill should have been dismissed so as to cut off further litigation of the rights of the parties as alleged in the pleadings. We think the order appealed from should be affirmed on authority of the…