Jackson ex rel. Pionier v. Schauber
New York Supreme Court
Ejectments, for land in the county of Saratoga. The ^rst cause; an(l two of the others, were noticed for trial, at the December. circuit, in.Saratoga, 1823, Avhen the first Avas tried, and a verdict taken therein for the plaintiffs' subject the opinion of this Court on a case. The two other causes x were not brought to trial at that Circuit.
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Ejectments, for land in the county of Saratoga. The ^rst cause; an(l two of the others, were noticed for trial, at the December. circuit, in.Saratoga, 1823, Avhen the first Avas tried, and a verdict taken therein for the plaintiffs' subject the opinion of this Court on a case. The two other causes x were not brought to trial at that Circuit. All the causes, except the first, were noticed, for trial at the Saratoga Cixcuit in June last, one of them brought on to trial, and the plaintiff nonsuited; when his counsel declined proceeding to trial with the others, and they were not tried. The 9 re-…
1Opinion of the Court
Curia.
Where a number of causes are brought and all depend upon the same title, as here, and the questions tobe litigated, and the evidence, are the same in all, it is competent for cither party to make an application to this Court, before the Circuit arrives, that only one of the causes be carried down to trial; and that the plaintiff be not prejudiced by his omission to try others ; and, in a clear case, that they abide the event of the cause to be- tried. In passing upon such a motion, the Court would be guided by the admissions of the party against whom the motion should bo made. If the…
2Cited by5 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Post v. BanksAppellate Division of the Supreme Court of the State of New York · 1901
- Sammons v. ParkhurstNew York Supreme Court · 1905
- Dolbeer v. StoutThe Superior Court of New York City · 1892
- McAllister v. DrislaneAppellate Division of the Supreme Court of the State of New York · 1933