Kerr v. Davis
New York Court of Chancery
This was an application to stay the proceedings on the part of the complainant, until the costs of a former suit brought by him for the same matter, in the supreme court, should be paid.
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This was an application to stay the proceedings on the part of the complainant, until the costs of a former suit brought by him for the same matter, in the supreme court, should be paid. The petition, on the part of the defendant Davis, alleged that this bill was filed for the same matters which were in issue in the supreme court; that an execution for the costs of that suit had been issued, but the same could not be collected by reason of the plaintiff’s insolvency ; and that this suit was instituted without any expectation of success by the complainant, for the sole purpose of vexing and…
1Opinion of the Court
The Chancellor.
Where the complainant has commenced a former suit in this court for the same cause and has failed, his proceedings in the second suit will be stayed until the costs of the first are paid. (Spires v. Sewell, 5 Sim. Rep. 193.) The existence of such a principle in this state is recognized in the provision of the revised statutes, which exempts paupers from the operation of the rule. (2 R. S. 445, § 4.) In that case the legislature has made provision for the protection of the defendant against suits merely vexatious, by requiring the pauper to show to the court in the first place,…
2Cases cited1 opinion
- Stebbins v. GrantNew York Supreme Court · 1821
3Cited by6 opinions
- Boyajian v. HartMassachusetts Supreme Judicial Court · 1942
- Kitts v. WillsonIndiana Supreme Court · 1883
- Ramsey v. Erie Railway Co.New York Supreme Court · 1870
- Ex parte ShearSupreme Court of Alabama · 1890
- Davis v. DuffieThe Superior Court of New York City · 1856
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