
    Tingle v. Parten and others.
    
      June 26, 1838.
    
      Practice. Speeding cause. Costs.
    
    Where a motion was made to dismiss the bill, on the ground of delay; and the complainant speeded the cause intermediate the notice and the making of the motion: his bill was not dismissed, but he had to pay the costs of the motion.
    Cause delayed; motion, on affidavit, that bill be dismissed or for such further order, &c. It appeared, by the affidavit of the solicitor for the complainant, that he had, since the notice of the motion, expedited the cause and was, bona fide, pursuing the matter of the suit.
    Mr. Bogardus, for the motion.
    Mr. A. Williams, contra.
   The Vice-Chancellor :

Notice of this motion was regular. The complainant’s delay warranted it; and the intention to make it has had the effect of expediting the cause. An order to dismiss the bill, for want of prosecution, would not now be proper; but the complainant must pay the costs of this motion to be taxed. '  