case gage against Bulkeley in chancery Aug court will not stay proceed on  either of two bill bring for the same purpose one by the assignee of the party  interest and the other by the party himself but if they proceed to hear the  court will dismiss that which be improper bring court will not on motion stay  proceed on one of two bill for the same purpose unless both be bring by the  same person or on behalf of a infant lib Reg a foe S c Ves on motion to stay  proceed on one of two bill that have be file for the same purpose against the  defendant the one by the party interest himself in a copartnership account and  the other by a assignee of that plaintiff Lord Hardwicke c this court will  never grant such motion to stay proceed but where several bill be bring by the  same person and for the same thing or in case of a infant where several bill  be bring by several prochien amiss for the same thing as the infant be  interest in the thing this Courtwill interpose and stay proceed on one of the  bill but the rule of the court have never be carry further nor can it without  the court act arbitrary for every person in a free country as this be have a  right to bring his suit and be hear there do not seem such unreasonableness in  bring two bill by different people for the same thing no more than two action  at law where one be in the name of the party himself and because he may think  it unsafe another may be bring for the same matter in the name of his trustee  that if he shall fail in the one he may succeed in the other so a assignee may  file one bill in his own name and another in the name of the assignor for the  same reason but if he bring they on to hear the court will dismiss that which  be bring improper with cost ambler N B in this case a affidavit be make that  the same solicitor and clerk in court be employ in both bill and that it be  believe the same person be to be at the expense of both which be not deny by  the other side it also appear by the deed of assignment that the assignee be  to be at the expense of all suit all which Lord chancellor confess carry great  mark of suspicion that it be a contrivance nevertheless deny the motion in  Murray v Shadwell Ves Lord Eldon hold that the regular way of obtain such a  reference be by plea and not by motion and his lordship say that he can find  no other case except a anonymous one cite from mosely p in support of its be  grant on motion in case of infant such reference be of course on motion  Sullivan v Sullivan Meriv but where in such case one of two suit have arrive  at a decree and the other have not it be not usual to make this reference  tailor v Oldham James and where the master report in favour of one suit the  court will not dismiss the other before decree unless by consent Mortimer v  web swan in pot v gallini S S sir I leech v c hold that where there have be a  prior decree and a second suit for the same account and no further relief can  he have before the master than in the first suit a motion may be make that the  proceed in the second suit be stay and that the plaintiff may go in before the  master in the first suit