63 Pa. Super. 85 | Pa. Super. Ct. | 1916
Opinion by
The appellant brought an action of trespass against the defendant on the 20th of January, 1912. On March 11, 1913, a judgment of non pros was entered for want of a statement. The court having refused to take off the non pros a new action was brought on February 16, 1914, and docketed in the same number and term pursuant to a rule of court. This writ was returnable the first
The practice of courts is to stay proceedings in a second action for the same cause between the same parties where a nonsuit was granted until the costs of the first suit are paid. The rule has its foundation in the control which courts have over their proceedings and the duty they have to prevent them from being made means of oppression. It is a practice enforced from an early day in England and this Commonwealth: 3 Wilson 149; 1 Tidds Prac. 94; Nevitt v. Lave, 3 Doug. 396; Hurst, Lessee, v. Jones, 4 Dallas 353; Fleming v. Pa. Ins. Co., 4 Pa. 475. Our attention has not been called to any authority which sustains the action of the court in quashing the proceeding. The action was regularly brought, the statement filed without unreasonable delay and the plaintiff was entitled to a plea except for the fact that she had not paid the costs of the former action. The penalty to which she should have been subjected was the
The judgment is reversed and the record remitted for further proceedings.