Herbert v. Drake

McAdam, Ch. J.

The plaintiff brought suit in the supreme court against the defendant on the same cause of action involved here, and judgments for costs were recovered on demurrer against the plaintiff, aggregating $120.45 in each case. The plaintiff thereupon brought the. present suits in this court, on the same cause of action, and the defendant applies foi’ a stay of all proceedings in these actions until- the costs of the former actions in the supreme court are paid. Ordinarily, the motions would be granted as of course. But the plaintiff brought the present actions in forma paziperis, and…