Curlette v. Olds
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin M. Olds, from an order of the County Court of Sullivan county, entered in the office of the clerk of said county on the 11th day of September,’1905, denying the said defendant’s motion for a stay of proceedings. This action is pending in the County Court of Sullivan county for the foreclosure of a mortgage given May 5,1904, by the defendant Franklin M. Olds ,to the plaintiff.
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Appeal by the defendant, Franklin M. Olds, from an order of the County Court of Sullivan county, entered in the office of the clerk of said county on the 11th day of September,’1905, denying the said defendant’s motion for a stay of proceedings. This action is pending in the County Court of Sullivan county for the foreclosure of a mortgage given May 5,1904, by the defendant Franklin M. Olds ,to the plaintiff. The wife of the mortgagor and several judgment creditors are also parties defendants. Just after the first payment became due upon the mortgage, and before the beginning of this action,…
1Opinion of the Court
Kellogg,. J.:
The defense-of-a former action pending for the same cause between the same parties is not availablé where the courts are in different States, -or one is a. Federal an^d the other a State'court, and this -is "true notwithstanding the fact that the Federal court is in a district embracing the State. Each action may proceed to judgment, unless the court in wliidh -the’ latter action is brought,"in the exercise of a sound discretion, stays its prosecution, and. the party .first obtaining his judgment may, in a .propet’ case, use'-it, by an. amended pleading, or as evidence in the…
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- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Winsted Bank v. . WebbNew York Court of Appeals · 1868
- McGrath v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1897
- Farmers' Loan & Trust Co. v. Hotel Brunswick Co.Appellate Division of the Supreme Court of the State of New York · 1896
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- Ackert v. AusmanNew York Supreme Court · 1961
- In re the Estate of GrubeNew York Surrogate's Court · 1938
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