Stebbins v. Grant
New York Supreme Court
' OAKLEY, for thé defendant, moved to stay all the proceedings in this cause, on the part of the plaintiff, until the costs of the suit in the Court of Chancery had been paid.
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' OAKLEY, for thé defendant, moved to stay all the proceedings in this cause, on the part of the plaintiff, until the costs of the suit in the Court of Chancery had been paid. It appeared, from the affidavit read, that in September, 1818, l^e plaintiff filed a bill in the Court of Chancery against the defendant and Benjamin Sherman, for the purpose of having * i a a decree for the allowance of á set-off on a bond executed . . by the plaintiff and his two brothers to the defendant, and by him assigned to Sherman. The set-off consisted of a demand for a large quantity of pork, hams, &c. alleged…
1Per curiam
We never have gone so far, as to stay pro- ‘ ceedings in a cause in this Court, because the plaintiff had been nonsuited in another Court, and had not paid the costs. Though we might, perhaps, be inclined to adopt the rule of the English Courts, in regard to Courts of law, we certainly cannot, as regards the Court of Chancery, which has its own peculiar rules, and is not governed by the statute relative to costs.
Motion denied.
2Cited by2 opinions
- Kerr v. DavisNew York Court of Chancery · 1838
- Davis v. DuffieThe Superior Court of New York City · 1856