Van Houten v. Stevenson

Stevens, V. C.

This is an application to stay proceedings in a foreclosure suit on the ground that there is a partition suit now pending which will bring about the same result and to which the complainant and defendants are parties.

*627The objection that another suit is depending- for the same matter is, in general, taken by plea and not by motion. ’ Dan. Ch. Pr. (6th Am. ed.) 634; Way v. Bragaw, 16 N. J. Eq. (1 C. E. Gr.) 213; Fulton v. Golden, 25 N. J. Eq. (10 C. E. Gr.) 353; Larter v. Canfield, 59 N. J. Eq. (14 Dick.) 461; Griffing v. Griffing Iron Co., 61 N. J. Eq. (16 Dick.) 269. In the ease…