Cuyler v. Vanderwerk
New York Supreme Court
A judgment as in case of nonsuit had been entered in a former cause, for not proceeding to trial. The plaintiff then commenced a second suit, for the same cause of action, without paying the costs of the first. A plea was put' in, and the cause noticed for trial.
1Per curiam
The plaintiffs having voluntarily suffered a nonsuit in the first suit, the second is to be deemed vexatious ; and the defendant is never too late, pending the : second suit, before trial, to make his application to stay the proceedings.(c)
Rule granted.
Where the same title to the same, Jackson v. Stiles, 2 Cowen, 596 property is drawn in question in the second suit between parties or privies to the first, this court will order a payment of the costs of the first suit before they will suffer the1 second to proceed; Jackson ex dem. Livingston v. Edwards,.! Cowen, 138 ; and this must be done…
2Cases cited2 opinions
- McGuinty v. HerrickNew York Supreme Court · 1830
- Lessee of Plumsted v. RudebaghSupreme Court of Pennsylvania · 1795
3Cited by7 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- State ex rel. Curtis v. HoweIndiana Supreme Court · 1878
- Schwede v. HemrichWashington Supreme Court · 1902
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
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