STAYING PROCEEDINGS
(bouvier) | STAYING PROCEEDINGS. The suspension of an action.
2. Proceedings are stayed absolutely or conditionally.
3.-1. They are peremptorily stayed when the plaintiff is wholly
incapacitated from suing; as, for example, when the plaintiff is not the
holder, nor beneficially interested in a bill on which he has brought his
action; 2 Cr, & M. 416; 2 Dowl. 336; Chitty on Bills, 335; 3 Chitty, Pr.
628; or when the plaintiff admits in writing, that he has no cause of
action; 3 Chit. Prac. 370, 630; or when an action is brought contrary to
good faith. Tidd's Prac. 515, 529, 1134; 3 Chit. Pr. 633.
4.-2. Proceedings are sometimes stayed until some order of the court
shall have been complied with; as, when the plaintiff resides in a foreign
country, or in another estate, or is insolvent, and he has been ruled to
give security for costs, the proceedings are stayed until such security
shall be given; see Security for Costs; 3 Chit. Pr, 633, 635; or until the
payment of costs in a, former action. 1 Chit. R. 195; 18 E. C. L. R. 64.
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