Taylor v. Vandervoort — 9 Wend. 449

Majority

p. 449

Taylor, an infant, who sued by guardian, v. Vandervoort.

ALBANY,

Nov. 1832.

Headnote

Costs of a former suit in another court must be paid, or proceedings will be stayed ; and that though suit here be by guardian, and he a different person from the guardian in the other court.

Motion to stay proceedings until "the costs of a former suit prosecuted by the plaintiff by another person than the one now appearing as guardian in the superior court of the city of New-York. It was objected that the court would not compel the payment of costs in a suit in another court, and that the present guardian at all events should riot be made responsible for them, but the Court decided that the motion must be granted.