McMahon v. Mutual Benefit Life Insurance
New York Supreme Court
Appeal from order denying a stay of proceedings. An order was made by Mr. Justice Sutherland, at special term, on the 17th day of August, 1860, denying the motion of the defendants to stay all proceedings in the above-entitled action, until a certain judgment, rendered in the Superior Court of New York, in favor of said defendants, for costs, in an action in which James McMahon was plaintiff and the Mutual Benefit Life Insurance Company was defendant, should be paid and…
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Appeal from order denying a stay of proceedings. An order was made by Mr. Justice Sutherland, at special term, on the 17th day of August, 1860, denying the motion of the defendants to stay all proceedings in the above-entitled action, until a certain judgment, rendered in the Superior Court of New York, in favor of said defendants, for costs, in an action in which James McMahon was plaintiff and the Mutual Benefit Life Insurance Company was defendant, should be paid and satisfied. The motion was grounded on the alleged identity of the two actions and of the parties thereto. It appeared on the…
1Opinion of the Court
By the Court. *—Hogeboom, J.
—Two objections are made to the reversal of the order of the special term. 1. That the order is not appealable. 2. That the order was right upon the merits.
1. As to the. appealability of the order. If the judge at the special term had put his decision upon the ground that the facts disclosed on the application did not, as addressed to his judicial discretion, show a fit case for the equitable interference of the court, or bring it within the ordinary rule, that a party who is defeated in an action with costs shall not be permitted to insti*30tute a new suit for the…
2Cited by3 opinions
- Beemer v. McCoyCity of New York Municipal Court · 1886
- Dare v. MurphyNew York Supreme Court · 1887
- Griffin v. Round Lake Camp Meeting Ass'nNew York Supreme Court · 1882