Edwards v. Ninth Avenue Railroad
New York Court of Common Pleas
This was a motion to stay all proceedings in the present action, until the costs of a former action for same cause in the marine court (wherein there was judgment of non-suit) were paid, as also costs of the present motion. The railroad, by their attorneys Abbett and Ashmead, appeared in support of the rule, and cited several cases showing that it had been the uniform practice, since the case of Hacker agt.
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This was a motion to stay all proceedings in the present action, until the costs of a former action for same cause in the marine court (wherein there was judgment of non-suit) were paid, as also costs of the present motion. The railroad, by their attorneys Abbett and Ashmead, appeared in support of the rule, and cited several cases showing that it had been the uniform practice, since the case of Hacker agt. Newborn, (Style’s Rep., 413, 1653,) to thus stay all proceedings in the second action until the costs of the first were paid. They also cited many other English cases, and the following…
1Opinion of the Court
Judge Daly,
after hearing the argument of counsel, determined that all proceedings must stay in this action until the plaintiff paid the defendant the costs incurred in the marine court, and also costs of the present motion. That' *445it would be a dangerous precedent to permit a party to harass another by first discontinuing in one suit and then allowing him to commence another before payment of costs of first action. That the uniform practice of this court is, in such cases, to stay the proceedings until all the costs of the former suit are paid, and also the costs of the motion to stay, &c.
Order…
2Cited by4 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Weil v. ManheimCity of New York Municipal Court · 1910