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SHORT & WALLS LUMBER CO. v. BLOME

Civil Action No. 36.

85 A.2d 235 (1951)

SHORT & WALLS LUMBER CO. v. BLOME.

Superior Court of Delaware, New Castle.

December 19, 1951.

Attorney(s) appearing for the Case

Harry K. Hoch and Philip Cohen, Wilmington, for plaintiff.

James R. Morford, Wilmington, for defendant.

RICHARDS, P. J., and CAREY, J., sitting.

CAREY, Judge.

This matter comes before the Court on plaintiff's motion for a continuance based upon the absence of a material witness. In opposing that motion, defendant contends that the action should be dismissed for want of prosecution.

The record reveals the following facts:

The case was definitely scheduled for trial at the May Term, 1950. Shortly before the day of trial, a material witness disappeared and has not yet been found. The case was...

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