Youle v. Brotherton

New York Supreme Court

Youle v. Brotherton

10 Johns. 363

CourtNew York Supreme Court

DecidedAugust 15, 1813

StatusPublished

Cited by2 cases

This text of 10 Johns. 363 (Youle v. Brotherton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Youle v. Brotherton, 10 Johns. 363 (N.Y. Super. Ct. 1813).

Pincite

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.

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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.

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Bluebook (online)

10 Johns. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youle-v-brotherton-nysupct-1813.

Opinion

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