Youle v. Brotherton
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Youle brought an action against Brotherton, before the justice, for damage done to a carriage of the plaintiff. The defendant pleaded that the plaintiff had before sued him for the same cause of action, and had been nonsuited, and that the costs of the nonsuit were still unpaid. The justice, for this cause, dismissed the suit.
1Per curiam
The former nonsuit was no bar to a new action for the same cause; nor had the justice any right to dismiss the action because the costs of the former suit were unpaid. The higher courts will sometimes stay proceedings in a suit, until the costs of a former suit for the same matter are paid; but this is done on a rule to show cause, and in the exercise df a large and liberal discretion. But no such power dr discretidh can be assumed by a justice’s court.
Judgment reversed.
2Cited by2 opinions
- Lewis v. DavisNew York Court of Common Pleas · 1878
- Flewelling v. BrandonNew York Court of Common Pleas · 1872