Becker v. Lebanon & Myerstown Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 52, March T., 1897, by plaintiff, from decree of C. P. Lebanon Co., No. 7, Equity Docket, 1893, dismissing bill in equity for want of prosecution. Motion to dismiss bill filed for want of prosecution. Before Ehrgood, P. J. The bill was filed June 21, 1893. On July 1, defendant appeared, delaying answer, howevei, until ruled, and filed answer October 6. The plaintiff delayed replication, the defendant acquiescing by omitting to rule him to reply.
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Appeal, No. 52, March T., 1897, by plaintiff, from decree of C. P. Lebanon Co., No. 7, Equity Docket, 1893, dismissing bill in equity for want of prosecution. Motion to dismiss bill filed for want of prosecution. Before Ehrgood, P. J. The bill was filed June 21, 1893. On July 1, defendant appeared, delaying answer, howevei, until ruled, and filed answer October 6. The plaintiff delayed replication, the defendant acquiescing by omitting to rule him to reply. On the first Monday of March, 1894, the amendments to the equity rules suspended proceedings until the adoption by the court of an order…
1Opinion of the Court
Opinion by
Smith, J.,
Though, from the pleadings, the plaintiff’s complaint appears well founded, this appeal does not directly involve a consideration of its merits, and on this point we need only say that it cannot be dismissed on bill and answer. The only question here is whether the order dismissing the bill for want of. prosecution can be sustained. This must depend on the situation of the cause when the order was made.
Our equity rules contain no specific provision for the dismissal of a bill for want of prosecution. . The practice on this point must therefore be .regulated by the general…
2Cases cited1 opinion
- Whitney v. Mayor of New YorkNew York Court of Chancery · 1829
3Cited by4 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1906
- Anderson v. Council of Associated Building TradesSuperior Court of Pennsylvania · 1930
- Zaengle v. Smith, Pennsylvania Court of Common Pleas, Carbon County1934