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Harvey v. Harvey

1 Del. Cas. 17 Court Circuit Court. Dover. Decision date 1793-10-27 English

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p. 17
HARVEY v. HARVEY.
Circuit Court. Dover.
October 27, 1793.
Wilson’s Red Book, 12.[1]
Before Patterson, one of the judges of the Supreme Court, and Bedford, District Judge.
p. 18
Levy for plaintiff.
Bayard for defendant.

If an award be not made within the time limited by a rule of reference, the rule is determined if not continued by the consent of the parties. We are clearly of opinion that during the continuance of the rule plaintiff cannot discontinue; if he does it, it is irregular and will be struck off.

Rule absolute.