Kayser v. Horton

Motion for stay denied. Memorandum: The application for a stay at this juncture of the action should be denied. “ Ordinarily, the discretion of the court in reference to ordering a stay sought on the ground of another action pending cannot be exercised properly until after issue has been joined. Until then the necessity or advisability of a stay is not likely to appear. Until both actions are fully at issue, it is impossible to say that a determination in one action will dispose of the other, which determination, as hereinafter appears, should control the right to a stay.” (3 Carmody-Wait 2d,…