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LANDES v. WOLF

No. 35, 1952.

96 A.2d 344 (1953)

LANDES et ux. v. WOLF et al.

Supreme Court of Delaware.

April 29, 1953.

Attorney(s) appearing for the Case

Samuel R. Russell, of Tunnell & Tunnell, of Georgetown, for appellants.

Daniel J. Layton, Jr., of Georgetown, for appellees.

SOUTHERLAND, Chief Justice, and WOLCOTT, Justice, and TERRY, Judge, sitting.

SOUTHERLAND, Chief Justice.

The question presented concerns the construction of Rule 41(e) of the rules of the Superior Court, relating to dismissal for want of prosecution. The rule provides:

"Dismissal For Failure To Prosecute. In the case of any action which has been pending in this Court for more than one year without any proceedings having been taken therein during that year, the Prothonotary shall after the...

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