¶1Notice of this motion was regular. The complainant’s delay warranted it; and the intention to make it has had the effect of expediting the cause. An *229order to dismiss the bill, for want of prosecution, would not now be proper; but the complainant must pay the costs of this motion to be taxed. '
3 Edw. Ch. 228
Tingle v. Parten
Decided June 26, 1838
New York Court of Chancery · decided 1838-06-26
Cause delayed; motion, on affidavit, that bill be dismissed or for such further order, &c. It appeared, by the affidavit of the solicitor for the complainant, that he had, since the notice of the motion, expedited the cause and was, bona fide, pursuing the matter of the suit.
Decided 1838-06-26