Youle v. Brotherton

10 Johns. 363

Opinion

Per Curiam.

The former nonsuit was no bar to a new action for the same cause; nor had the justice any right to dismiss the action because the costs of the former suit were unpaid. The higher courts will sometimes stay proceedings in a suit, until the costs of a former suit for the same matter are paid; but this is done on a rule to show cause, and in the exercise df a large and liberal discretion. But no such power dr discretidh can be assumed by a justice’s court.

Judgment reversed.