Under the orders of May 1845, in a case where there are several Defendants, any one of them may move to dismiss for want of prosecution at the expiration of four weeks after his answer is sufficient, if the Plaintiff has since taken no step, and that, although his co-defendants may not have put in their answer ; but an order to amend, obtained and served after the notice of motion and before its hearing, is, under ordinary circumstances, an answer to the motion to dismiss, but the Plaintiff having, by such means, intercepted the Defendant’s right, must pay the costs of the motion.
[1846] EngR 449, (1845-1846) 9 Beav 156, (1846) 50 ER 303
Commonlii
England and Wales
Litigation Practice
Updated: 14 January 2022; Ref: scu.302344