American Grocery Co. v. Flint
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs in each of the above-entitled actions from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1896, directing that the above-entitled actions be consolidated, and that the plaintiffs in each action serve an amended complaint in such consolidated action.
1Opinion of the Court
Rumsey, J.:
These four actions being brought by different plaintiffs, although they are against the same defendants, section 817 of the Code of Civil Procedure, giving authority to consolidate actions, does not apply. Actions can only be consolidated under this section when *265the parties in each action are the same. The only authority to consolidate actions is given by this section (Mayor v. Coffin, 90 N. Y. 312), and because these actions are not within that section the order for consolidation must be reversed.
But, nevertheless, the four actions ought not to be permitted to proceed. They are…
2Cases cited5 opinions
- Hornor v. HenningSupreme Court of the United States · 1876
- Innes v. LansingNew York Court of Chancery · 1839
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Mayor v. . CoffinNew York Court of Appeals · 1882
3Cited by1 opinion
- Pollak v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1935