Legal Opinion

Golden v. New York, N. H. & H. R.

District Court, S.D. New York

Decided April 26, 1915PublishedCited by 3 opinions

At Law. Action by Bridget A. Golden, as, administratrix of Martin A. Golden, deceased, against the New York, New Haven & Hartford Railroad Company.

1Opinion of the Court

LEARNED HAND, District Judge.

[1] That the stay of a second action till payment of costs is, in part certainly, to collect the costs appears from the fact that, if the plaintiff’s body be seized on execu*349tion, the rule does not apply. However, the rule does not wholly depend upon this. Ex parte Stone, 3 Cow. (N. Y.) 380. It is also used merely to prevent vexatious litigation (Flemming v. Insurance Co., 4 Pa. 475), and in the interests of justice. It has been applied in the suite court where the prior action was in a federal court (Jackson v. Carpenter, 3 Cow. [N. Y.] 22); and it has been…

2Cases cited2 opinions

  1. Buckles v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1891
  2. Flemming v. Pennsylvania Insurance Co.Supreme Court of Pennsylvania · 1846

3Cited by3 opinions

  1. Peek v. BeeryTexas Supreme Court · 1944
  2. Bankers Securities Corp. v. Ritz Carlton Restaurant & Hotel Co.Court of Appeals for the Third Circuit · 1938
  3. Gainey v. Brotherhood of Railway & Steamship ClerksDistrict Court, E.D. Pennsylvania · 1963

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