¶1This rule cannot be granted. The court restrains parties from the prosecution of a second suit for the same cause, until the costs of the first suit be paid; but never stays the prosecution of a suit, until the costs of an interlocutory order, made in the progress of the suit, be paid. The motion, therefore, is denied.
2 Wend. 623
Pinney v. Johnson
Decided August 15, 1829
New York Supreme Court · decided 1829-08-15
The default of the defendants for not pleading, and all subsequent proceedings on the part of the plaintiff, were set aside at the last February term, and the plaintiff ordered to y i pay the costs of the motion, which were taxed at $18 02.
Decided 1829-08-15