Clemans v. Buffenbarger

The appellee moved the court to stay proceedings in this action until the costs of a former suit should be paid, and the trial court ruled in favor of the appellee. On this ruling error is assigned. The statements of the affidavit filed by the appellee in support of the motion are, in substance, as follows:

*17That, on the 17th day of October, 1878, William Line commenced an action against the defendant for the same cause of action set forth in the plaintiff’s complaint in the present suit; that afterwards, on his own application, the plaintiff, as administrator of the estate of Thomas Line, was…