Mayor v. . Coffin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 12, 1882, which affirmed an order of Special Term consolidating two actions for partition. The subject of one action was lands situate in the city and county of Hew York, of the other lands situate in Kings county. Two of the defendants in the former action were not parties to and had no interest in the subject of the latter action.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 12, 1882, which affirmed an order of Special Term consolidating two actions for partition. The subject of one action was lands situate in the city and county of Hew York, of the other lands situate in Kings county. Two of the defendants in the former action were not parties to and had no interest in the subject of the latter action. The court had no power against the objection of the parties in interest to change the place of trial of a local action which is brought for the partition…
1Per curiam
The order of consolidation must be reversed because the Special Term had no power to make it. The authority to consolidate actions is given by section 817 of the Code, and permits it only where both actions are pending between the same plaintiff and the same defendants for causes of action which might have been joined. That is not the case here. The actions were for partition. The subject of one action was land in the city and county of Hew York, and of the other land in the county of Kings; and two of the defend ants, Lane and wife, in the New York action, were not parties to the Kings…
2Cited by10 opinions
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