¶1The Chancellor :—There is no ground for this application. The complainant is not proceeding in both courts at the same time. It appears from his bill that the conduct of the defendants has driven him into this court; and *453since that time he has taken no steps at law. If he should attempt to proceed at law, it will then he in time to apply and compel him to elect. He has been compelled, on this application, to come here to resist an improper claim for costs; and the motion must be denied with costs to be paid by the defendants.
1 Paige Ch. 452
Thompson v. Graham
Decided March 23, 1829
New York Court of Chancery · decided 1829-03-23
<p>Where a suit was commenced in this court in consequence of an inequitable defence interposed to a suit at law for the same cause of action, the court refused to compel the complainant to elect in which suit he would proceed, as long as no attempt was made to prosecute the suit at law.</p>
Decided 1829-03-23