Pendergast v. Fostoria Oil Co.

Citations

• 12 Del. Ch. 143
• 108 A. 737
• 1919 Del. Ch. LEXIS 18

Syllabus

<p>Rules of court are made for the prevention of delay, and for expediting and simplifying the trial of causes, but not to. prevent trials upon their merits if the party in default can give a reasonable excuse for his failure to comply with the rule. ‘</p> <p>Where counsel for defendant, after testimony taken before commissioner had been returned'to the court and before expiration of thirty days from such return, notified counsel for complainant that a motion would be made to suppress such testimony, complainant was not required, under Court of Chancery Rule 82, to make motion in writing within thirty days after return' to have date fixed for hearing the cause.</p>