Dulany v. Boston

2 Del. 350

• Court: Superior Court of Delaware
• Decided: July 5, 1838
• Status: Published

Opinion

By the Court.

We regret that we should be compelled to proceed to the trial of any cause not fully prepared with all necessary testimony ; but the continuance of this issue will occasion so much delay and injury that we must refuse it, unless it be indispensable to the purposes of justice, and could not have been avoided by the party asking the delay. The issue was directed by chancery so far back as March last. The rule to lay down pretensions might have been moved for in chancery; or might have been taken out in this court in time for the present term. He who moved for the issue was bound to prepare himself for its trial with due diligence. He might have brought down the record, and taken his rule to lay down pretensions in due time. He might have been ready, and the other party is prejudiced by the delay. Motion refused.