Loftus v. Straight Line Engine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Straight Line Engine Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the. office of the clerk of the county of Onondaga on the 18th day of November, 1905.
1Opinion of the Court
Nash, J. :. This is. an appeal from an oi'der of the Special Term denying a motion made by the defendant to restrain the plaintiff from taking any further proceedings in the action until he shall have. paid the costs and disbursements recovered by the defendant in a former action.
The rule iá that, if the plaintiff brings a second action without paying the costs- of the first, the court will order payment of the *719costs of the first suit before allowing the second to proceed. (Cuyler v. Vanderwerk, 1 Johns. Cas. [2d ed.] 247, and note.)
The order recites that the'defendant answered before making…
2Cases cited2 opinions
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Jackson ex dem. Williams v. MillerNew York Supreme Court · 1824
3Cited by1 opinion
- Rollins v. Carib Syndicate, Ltd.New York Supreme Court · 1939