Gardenier v. Oswego Mutual Savings & Aid Ass'n
New York Supreme Court
Appeal from special term, Oswego county. Action by Wilson H. Gardenier against the Oswego Mutual Savings & Aid Association and Edward Kelly. From an order staying all proceedings on the part of plaintiff until the payment to defendant association of costs adjudged in a former action, plaintiff appeals.
1Opinion of the CourtHardin, P. J.
In Ex parte Stone, 3 Cow. 380, it was said that the power exercised by the courts to stay proceedings is one of “equitable jurisdiction, and intended to prevent the vexatious multiplication of suits.” In Barton v. Speis, 73 N. Y. 133, it was said: “This power is one of equitable cognizance over suitors to prevent a multiplicity of actions, and harassing and oppressive litigation. ” In Richardson v. White, 27 How. Pr. 155, it was said that “the rule is the same in personal actions as in actions to recover real property.” In Griffin v. Association, 26 Hun, 314, it was said that “an assignee of…
2Cases cited4 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Ex parte StoneNew York Supreme Court · 1824
- Kerr v. DavisNew York Court of Chancery · 1838
- Lawrence v. DickensonNew York Supreme Court · 1824