Jackson ex dem. Allen v. Carpenter — 3 Cow. 22

Majority

p. 22

Jackson, ex dem. Allen and others, against Carpenter.

Headnote

Preoeeumgs stayed till the costs paid, in a suit for the same cause in. the -circuit Unitedlsiates*

J. Lynch, for the defendant,

moved to stay proceedings in this cause, until the lessors of the plaintiff had paid eerj.ajn cog(;S incurred by the one under whom the defendant J ... is in possession, in prosecuting an action of ejectment against the tenant of the lessors, for the same premises, in the United States District Court of the Northern District of JfezisYork, wherein the title of the present lessors was in question, through their tenant, and wherein the plaintiff succeeded. He insisted that this came within the case of Jackson v. Edwards. (1 Cowen’s Rep. 138.)

p. 23

It. F- Butler,

among other grounds of opposition to the motion, mentioned that the first suit was jn a Court proceeding under the constitution and laws of the United States, and submitted whether, being under another goverment than that under which this Court acts, they would so far notice the proceeding there as to interfere in this manner; but he did not much insist upon that ground.

Lynch, in reply, cited Perkins v. Hinman, ( 19 John. 237 ) where this Court stayed the proceedings in a suit here for the same cause as one which had before been brought in the Common Pleas, till the costs of the first were paid.

without assigning their reasons on this point, granted the motion.

Motion granted.