Updike v. Bartles

Decided February 15, 1861

New Jersey Court of Chancery · decided 1861-02-15

In a former suit between these parties for the same cause of action the defendants demurred. The demurrer was sustained, and the complainant’s bill dismissed. (8 Stockt. 133.) The defendants now ask that the proceedings in this suit he stayed until the costs of the former suits are paid, and that after such payment they he allowed time to plead, answer, or demur.

Cited by 2 later decisions — most recently May 1949

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-02-15

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The Chancello».

¶1When the complainant’s hill has been dismissed or a demurrer allowed, and another bill is filed for the same cause, this court will stay proceedings in the second suit until' the costs of the first suit are paid. Equity in this particular’ adopts the practice at law. Holbrook v. Cracroft, 5 Vesey 706, note b; Pickett v. Loggon, 5 Vesey 702; 1 Newland’s Ch. Pr. 412; 2 Hoffman’s Ch. Pr. 77.

¶2The rule has its limitations, hut this case does not come within their operation. Sears v. Jackson, 3 Stockton 45; Budge v. Budge, 12 Beavan 385; Wild v. Hobson, 2 Vesey & B. 112; Corbett v. Corbett, 16 Vesey 410.

¶3Let an order be made that the proceedings he stayed, and that the defendants have time to plead, answer, or demur till the end of thirty days after the complainant shall have paid the costs of the former suit.