Pinney v. Johnson , 2 Wend. 623 ( 1829 )

By the Court, Marcy, J.

This rule cannot be granted. The court restrains parties from the prosecution of a second suit for the same cause, until the costs of the first suit be paid; but never stays the prosecution of a suit, until the costs of an interlocutory order, made in the progress of the suit, be paid. The motion, therefore, is denied.