Ryan v. Public Service Railway Co.

The opinion of the court was delivered by

Parker, J.

Plaintiff was nonsuited at the trial and appealed to the Court of Errors and Appeals, where the nonsuit was affirmed. 3 Adv. B. 642; 128 Atl. Rep. 158. Though no copy of the. rule of affirmance is before me, counsel agree that costs were awarded to respondent and taxed at $64.67. Plaintiff then began a new action without paying these costs, and the present motion is to stay this new action until the said costs have been paid. The question argued before me, as whether section 229 of the Practice act of 1903 is in force, or rather the exception…