Flemming v. Pennsylvania Insurance Co.
Supreme Court of Pennsylvania
Jan. .20. Rule to stay proceedings until costs of former suits are paid. . The first suit was on a policy of insurance in the name of Flemming.
Read the full summary
Jan. .20. Rule to stay proceedings until costs of former suits are paid. . The first suit was on a policy of insurance in the name of Flemming. It was brought in the name of De Bolle, who claimed the interest in the policy,to theuse of his assignees, the said Flemming and another, in 1828 ; a report of which will be found in 4 Whart. 68. The second case was on the same'policy, by Flemming, to the use of De Bolle, in the District Court of this city and county, brought in 1842, and on the trial in 1846, after the plaintiff had gone through his evidence, a judgment of nonsuit was entered 'under…
1Opinion of the CourtCoulter, J.
The practice of the courts to stay proceedings in a second suit until the costs of a former action for the same cause are paid, is one of the modes adopted to compel the payment of costs due, as well to the officers of the court as to the party ; and is convenient and just in all aspects in which it can be viewed.
The Court of King’s Bench has been more liberal in the application of the rule than the Court of Common Pleas in England. But in both it is adopted, where the merits of the case have been decided in the first action. Costs are given to defendants in England by various statutes, the…
2Cited by8 opinions
- Murphy v. TaylorSuperior Court of Pennsylvania · 1916
- Gainey v. Brotherhood of Railway & Steamship ClerksDistrict Court, E.D. Pennsylvania · 1963
- Smith v. SmithSuperior Court of Pennsylvania · 1900
- Golden v. New York, N. H. & H. R.District Court, S.D. New York · 1915
- Bear v. Hallgren, Pennsylvania Court of Common Pleas, Lancaster County1934
3 more not listed; retrieve them via the Exa API.