The Defendant, before replication, served a notice of motion to dismiss. On the next day Plaintiff replied, and the motion was not made, and, consequently, Plaintiff did not undertake to speed. No subpoena to rejoin was served, and the Defendant again moved to dismiss. Held, that neither the 16th nor the 17th Order applied, but that the case was governed by the old practice.
[1837] EngR 639, (1837) 7 Sim 484, (1837) 58 ER 923 (A)
Commonlii
England and Wales
Updated: 09 August 2021; Ref: scu.313756