The Superior Court of New York City December 5, 1881 (Fisher v. Dusenbury)

By the Court.—Sedg-aviok, Ch. J.

I am of opinion that the pendency of the first action, considered in connection with the fact that the appellant had been, without any application on his part, made a defendant therein and practically an actor, justified the appellant *490in not prosecuting the present action until the first had been determined.