Guttilla v. Engel

Plaintiff appeals from an order granting a

stay herein until payment of costs awarded to defendant on the dismissal of plaintiff’s complaint in a former action between the same parties involving the same cause of action. Subsequently to the entry of judgment dismissing the complaint in the former action, plaintiff obtained an ex parte order granting him leave to sue as a pauper. The fact of the dismissal of the *164complaint in the former action and the nonpayment of costs awarded to defendant was not brought to the attention of the court in connection with plaintiff’s motion for leave to sue as a…