McIntosh v. Hoben
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, OZAUKEE COUNTY. This case was brought to this court upon a writ of error from a judgment entered by the circuit court of Ozaukee county, upon an action upon the covenants of title in a deed for lands made by the plaintiff in error to the defendant in error, the defendant in error now moved for a stay of proceedings in this court, until the plaintiff here had paid him his costs in prior appeals, adjudged to him by this court in this same case, and also…
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ERROR TO CIRCUIT COURT, OZAUKEE COUNTY. This case was brought to this court upon a writ of error from a judgment entered by the circuit court of Ozaukee county, upon an action upon the covenants of title in a deed for lands made by the plaintiff in error to the defendant in error, the defendant in error now moved for a stay of proceedings in this court, until the plaintiff here had paid him his costs in prior appeals, adjudged to him by this court in this same case, and also for costs on such appeals in the court below. This motion was supported by an affidavit showing that the action was…
1Opinion of the Court
By the Court.
The motion for a stay of proceedings must be granted. No excuse whatever is shown for the failure to prosecute the former appeals, and until the costs are paid, the present appeal must be deemed vexatious. The . power of staying proceedings until the costs of former suits or appeals are paid, is equitable in its nature, and intended to prevent the vaxatious multiplication-of suits. 1 John. Cases, 427; 3 Cow., 381; 4 Wend., 216. The facts here disclosed show a case in which the exercise of the power seems emin-' ently proper.
Ordered accordingly.
2Cases cited1 opinion
- Sanford v. ChaseNew York Supreme Court · 1824
3Cited by7 opinions
- Felt v. AmidonWisconsin Supreme Court · 1879
- Buckles v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1891
- State ex rel. Curtis v. HoweIndiana Supreme Court · 1878
- Clark v. Bay Circuit JudgeMichigan Supreme Court · 1908
- Weile v. SturtevantCalifornia Supreme Court · 1917
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