Opinion
NO. 195.
11-23-1906
In re RULE OF COURT OF CHANCERY
In re Rule of Court of Chancery No. 195. Rule construed.
The question about to be decided has arisen in so many different ways that it is thought well to settle it generally rather than 'with reference to the specific facts of any one case. Orders fixing the time and place of hearing are so frequently consented to by both counsel, or made when both are present, that each counsel is misled into believing that the case can be heard upon the date fixed without any further notice from one to the other. It, of course, can be done if both appear upon the day fixed. But, in default of the appearance of either party, there must, under the rule, have been 15 days' notice given by one party to the other before the court can hear the case.
In every case, therefore, to Insure a hearing upon the date fixed, the 15 days' notice required by this rule must be given.