Dare v. Murphy
New York Supreme Court
Motion by defendant for a stay of proceedings. In May, 1883, plaintiff brought an action in the marine court for salary alleged to have accrued under a written contract of employment for five years, between August 15, 1882, and the date of the commencement of the action, amounting to $762.39. That action was dismissed for want of prosecution, upon motion by the defendant granted by default, and judgment entered against plaintiff for $22.16 costs.
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Motion by defendant for a stay of proceedings. In May, 1883, plaintiff brought an action in the marine court for salary alleged to have accrued under a written contract of employment for five years, between August 15, 1882, and the date of the commencement of the action, amounting to $762.39. That action was dismissed for want of prosecution, upon motion by the defendant granted by default, and judgment entered against plaintiff for $22.16 costs. This action was brought upon the same contract for salary alleged to have accrued between August 15, 1882, and December 15, 1886, amounting to…
1Opinion of the CourtAndrews, J.
There is no absolute right in a defendant to demand the judgment of the court forbidding the prosecution of a second suit until the costs of a former action are paid. It is in equity depending generally upon the circumstances of each particular case, and addressed very much to the sound discretion of the judge to whom the application is made (McMahon v. Mutual Benefit Life Ins. Co., 12 Abb. Pr. 28). The cases in which orders have been made staying proceedings in an action until the costs of a former action have been paid, have usually been those in which the former action was disposed of by a…
2Cases cited1 opinion
- McMahon v. Mutual Benefit Life InsuranceNew York Supreme Court · 1860