Robinson v. Merchants & Miners Transportation Co.
Supreme Court of Rhode Island
Trespass on the Case. On the defendant’s motions to stay the prosecution and for surety for costs. The plaintiff, Henry Robinson, June 26, 1886, sued out his writ for personal injuries caused by the defendant’s alleged negligence. October 21, 1887, at a trial of his case before Matteson, J., and a jury, after he had put in all his evidence as to the merits of his cause, the presiding justice ordered him to be nonsuited on the defendant’s motion.
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Trespass on the Case. On the defendant’s motions to stay the prosecution and for surety for costs. The plaintiff, Henry Robinson, June 26, 1886, sued out his writ for personal injuries caused by the defendant’s alleged negligence. October 21, 1887, at a trial of his case before Matteson, J., and a jury, after he had put in all his evidence as to the merits of his cause, the presiding justice ordered him to be nonsuited on the defendant’s motion. Judgment was entered for the defendant for $27.50 for its costs. November 14, 1887, the same Henry Robinson sued out a writ returnable to the…
1Per curiam
The cases cited 1 for the. defendant show that it is the practice at common law for the higher courts, when the plaintiff in a pending action has previously brought suit in the same forum for the same cause of action, and has been nonsuited on the merits, to stay proceedings until he has satisfied the judgment for costs recovered against him. Some cases hold that the stay will be granted when the nonsuit is voluntary.
The motion for a stay is granted, and also the motion for surety for costs, said surety to be given on or before the first day of the next term.
1
As follows:
Melchart v. Halsey, 3…
2Cases cited1 opinion
- Jackson ex dem. Livingston against EdwardsNew York Supreme Court · 1823
3Cited by2 opinions
- Buckles v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1891
- Schwede v. HemrichWashington Supreme Court · 1902