Same against Roe
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1833 |
| Date | 25 November 1833 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 1010
IN THE COURT OF KING'S BENCH
doe dem. langdon against langdon. same against eoe. Monday, Nov. 25th, 1833. In a second action of ejectment brought for the same premises, the Court will stay proceedings till the costs of the former are paid, although the former action was discontinued before consent rule or plea. The lessor of the plaintiff having brought two ejectments for the same premises, a rule nisi was obtained by Cowling before Littledale J. to stay the [865] proceedings in the second action until the costs of the former were paid, on grounds which are immaterial not having been mentioned on shewing cause. His Lordship directed the case to be argued before the whole Court. (a) Patteson J. was in the Bail Court. 5 B. & AD. 866. HILL V. MANCHESTER AND SALFOED WATER WORKS CO. 1011 Barstow now opposed the rule, on the ground that, in the former action, the plaintiff had not proceeded as far as consent-rule or plea, and that the Court ought not in such a case to stay proceedings, unless on special circumstances. Cowling, in support of the rule, contended, that wherever vexatious or improper conduct appeared in the proceedings of the lessor of the plaintiff, the Court would stay them, even...
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