Gosschalk v. Gosschalk

In Gosschalk v. Gosschalk, 48 N.J. Super. 566, 579-80, 138 A.2d 774 (App.Div.), aff'd, 28 N.J. 73, 145 A.2d 327 (1958), the Court declined to stay the New Jersey divorce action filed by the husband in deference to a prior divorce action filed by the wife in Holland, because the Dutch suit had not yet been tried. The Court observed that the "granting of a stay is discretionary with the trial court, limited only by special equities showing abuse of discretion in that injustice would be perpetrated on the one seeking the stay, and no hardship, prejudice or inconvenience would result to the one against whom it is sought." Id. at 579, 138 A.2d 774.