Morris v Owen
Jurisdiction | England & Wales |
Judgment Date | 22 May 1813 |
Date | 22 May 1813 |
Court | High Court of Chancery |
English Reports Citation: 35 E.R. 203
HIGH COURT OF CHANCERY
morris v. owen. May 22, 1813. Order to amend the Bill, not served or drawn up, cannot prevent the Motion to dismiss for want of Prosecution. A Motion to dismiss the Bill for want of Prosecution was resisted on the Ground, that the Plaintiff had obtained an Order to amend Six Months ago ; though it was not served, or even drawn up. Mr. Bell, for the Defendant: Mr. Sidebottom, for the Plaintiff. The Lord Chancellor [Eldon] at first intimated, that the Course was a Motion, 204 CLOWES V. HIGGINSON 1 V. & B. 524. that the Plaintiff should draw up his Order, and amend within a Week; or that the Order to amend should be discharged : but, having consulted the Register (Mr. Croft), said, that if a Plaintiff, having obtained an Order to amend for the Purpose of keeping his Bill in Court, did not get that Order drawn up and served...
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