Kimble v. Western Union Tel. Co.

DALLAS, Circuit Judge.

In October, 1899, when this case was upon the then current list for trial, the defendant filed, and brought to the attention of the court, a petition for an order staying proceedings until the costs of a former suit between the same parties, for the same cause of action, pending in the United States circuit court for the district of Maryland, should be paid. The plaintiff claimed that this application came too late, and ought not to be entertained, because, as he alleged, it would be unfair to subject him. by reason thereof, to a continuance of his cause, when he was…