
    Updike vs. Bartles and others.
    Where a bill lias been dismissed or demurrer allowed, and another bill is filed for the same matter, tills court will stay proceedings in the second suit till the costs of the former are paid.
    Equity in this particular adopts the practice at law.
    In a former suit between these parties for the same cause of action the defendants demurred. The demurrer was sustained, and the complainant’s bill dismissed. (8 Stockt. 133.) The defendants now ask that the proceedings in this suit he stayed until the costs of the former suits are paid, and that after such payment they he allowed time to plead, answer, or demur. The application was sustained by proof of the identity of the cause of action, of the decree for costs in the former suit, and of their taxation, and demand of payment.
    Richey, for defendants,
    cited Sooy v. McKean, 4 Halst. 86; Swing v. Inhabitants of Upper Alloways Creek, 5 Halst. 58; Den v. Sinnickson, 2 Green 193.
   The Chancello».

When the complainant’s hill has been dismissed or a demurrer allowed, and another bill is filed for the same cause, this court will stay proceedings in the second suit until' the costs of the first suit are paid. Equity in this particular’ adopts the practice at law. Holbrook v. Cracroft, 5 Vesey 706, note b; Pickett v. Loggon, 5 Vesey 702; 1 Newland’s Ch. Pr. 412; 2 Hoffman’s Ch. Pr. 77.

The rule has its limitations, hut this case does not come within their operation. Sears v. Jackson, 3 Stockton 45; Budge v. Budge, 12 Beavan 385; Wild v. Hobson, 2 Vesey & B. 112; Corbett v. Corbett, 16 Vesey 410.

Let an order be made that the proceedings he stayed, and that the defendants have time to plead, answer, or demur till the end of thirty days after the complainant shall have paid the costs of the former suit.  