Ex parte Stone
New York Supreme Court
In a cause in the Common Pleas of Jefferson, between Stone, plaintiff, and Hooker, defendant, the Court made a rule that all proceedings on the part of the plaintiff be stayed till the costs of a previous action for the same cause against the same defendant brought in the same Court, and removed, by the defendant, into this Court by habeas cor• pUS) be first paid. The suit upon the habeas corpus, not being pursued by the plaintiff, was at an end.
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In a cause in the Common Pleas of Jefferson, between Stone, plaintiff, and Hooker, defendant, the Court made a rule that all proceedings on the part of the plaintiff be stayed till the costs of a previous action for the same cause against the same defendant brought in the same Court, and removed, by the defendant, into this Court by habeas cor• pUS) be first paid. The suit upon the habeas corpus, not being pursued by the plaintiff, was at an end. A motion was now made for a mandamus commanding the Court below to proceed to the trial of the cause, notwithstanding the rule.
1Opinion of the Court
Curia.
The power exercised by the Courts to stay pro» ceedings, till the costs of a former suit for the same cause are paid, does not depend exclusively upon the question whether their collection can be enforced by execution. It is an equitable jurisdiction ; and intended to prevent the vexatious multiplication of suits. (Ginger v. Barnardiston, 2 Bl. Rep. 904.) Here the plaintiff has voluntarily, and without shewing any excuse, forborne td pursue his action upon the habeas corpus. The Common Pleas were right in staying the proceedings. (Perkins v. Hinman, 19 John. 238. Tidd, 478. 1 Dunl. Pr.…
2Cases cited1 opinion
- Overseers of the Poor of the Town of Pompey v. Overseers of the Town of LaurensNew York Supreme Court · 1821
3Cited by6 opinions
- State ex rel. Curtis v. HoweIndiana Supreme Court · 1878
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Drake v. New York Iron MineNew York Supreme Court · 1893
- Gardenier v. Oswego Mutual Savings & Aid Ass'nNew York Supreme Court · 1891
- Halpern v. Langrock Bros.New York Supreme Court · 1916
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