Hammond v. Baker

Where after the commencement of a suit in this court, the plaintiff commences another suit for the same cause of action in the court of another state, and after taking testimony in his suit in this court, breaks off and proceeds to take testimony in his suit in the foreign state; this court has no power to make an order restraining him from prosecuting the latter suit.

The court will, however, make an order, that unless he elects to proceed in the suit here, and thereupon stipulates to stay the proceedings in the foreign suit, his proceedings in the suit here shall be stayed, until the final…