Fransioli v. Boorman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Augustus C. Fransioli against Thomas FI. Boorman. From an order staying the action until the costs in a previous action wrere paid, plaintiff appeals. Affirmed.
1Opinion of the CourtGildersleeve, J.
In December last, the appellant brought an action in the City Court against the respondents to recover the balance due on a judgment obtained by him against them. The action was at issue and on the trial calendar March 5th last, on which day, the appellant being in default, the complaint was dismissed, with $73.20 costs. Instead of moving to open his default, the appellant commenced another action against the same parties defendant for the same cause of action stated in the complaint in the first suit. Thereupon the respondents moved for a stay of the second action until the costs in the…
2Cases cited5 opinions
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Spaulding v. American Wood-Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Farrell v. New York Juvenile AsylumAppellate Division of the Supreme Court of the State of New York · 1896
- Bates v. DickersonNew York Supreme Court · 1890