IMHOFF v. HAMMER


305 A.2d 325 (1973)

Joseph J. IMHOFF, Plaintiff Below, Appellant, v. Armand HAMMER et al., Defendants Below, Appellees.

Supreme Court of Delaware.

March 16, 1973.


Attorney(s) appearing for the Case

John E. Babiarz, Jr., of Biondi & Babiarz, Wilmington, for plaintiff below, appellant.

James F. Burnett, of Potter, Anderson & Corroon, Wilmington, for defendants below, appellees.

Before WOLCOTT, C. J., CAREY and HERRMANN, JJ.


HERRMANN, Justice:

The plaintiff asserts that the Chancery Court abused its discretion in dismissing this case with prejudice for want of prosecution. We must agree.

The cause was set for trial on Monday, October 2, 1972, by mandate of the Court. The special order mandating trial in October was entered in January after too many delays in this 12 year old case. Although the trial date had been set months in advance...

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