Ex parte Stone

Decided October 15, 1824

New York Supreme Court · decided 1824-10-15

In a cause in the Common Pleas of Jefferson, between Stone, plaintiff, and Hooker, defendant, the Court made a rule that all proceedings on the part of the plaintiff be stayed till the costs of a previous action for the same cause against the same defendant brought in the same Court, and removed, by the defendant, into this Court by habeas cor• pUS) be first paid. The suit upon the habeas corpus, not being pursued by the plaintiff, was at an end.

Good law ✅— No negative treatment on recordhow we know

Decided 1824-10-15

How this case has been cited

Cited by 6 later decisions — most recently March 1938

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Curia.

¶1The power exercised by the Courts to stay pro» ceedings, till the costs of a former suit for the same cause are paid, does not depend exclusively upon the question whether their collection can be enforced by execution. It is an equitable jurisdiction ; and intended to prevent the vexatious multiplication of suits. (Ginger v. Barnardiston, 2 Bl. Rep. 904.) Here the plaintiff has voluntarily, and without shewing any excuse, forborne td pursue his action upon the habeas corpus. The Common Pleas were right in staying the proceedings. (Perkins v. Hinman, 19 John. 238. Tidd, 478. 1 Dunl. Pr. 337. 3 B. & P. 23, n.(a) 4 Mod. 379.) In Lawrence v. Dickenson, (l Cowen’s Rep. 580,) the plaintiff offered to proceed upon the habeas corpus ; but the defendant refused to receive a declaration.

¶2Motion denied.

¶3el