Reids Lessee v. Dodson
Tennessee Supreme Court
Ejectment. In this case a joint ejectment had been brought against two defendants, Dodson and Buford ; the clerk had docketed them as two suits. Before the trial came on, it was moved by plaintiffs counsel, that these suits might be consolidated, and insisted that it had been frequently done in actions of trespass, and no distinction could be perceived in this respect, between ejectment and other actions of trespass.
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Ejectment. In this case a joint ejectment had been brought against two defendants, Dodson and Buford ; the clerk had docketed them as two suits. Before the trial came on, it was moved by plaintiffs counsel, that these suits might be consolidated, and insisted that it had been frequently done in actions of trespass, and no distinction could be perceived in this respect, between ejectment and other actions of trespass. If joined by the declaration, the defendants, in pleading could not separate them, and make separate actions. relied on Peake’s Ev. 96, to shew that a duces tecum, should have…
1Opinion of the Court
Campbell j.
Thought there ought to be no consolidation, but that the suits should remain on the docket as they are.
Overton j.
The practice ought to be settled. Where a court clearly perceive that no injury will arise from a consolidation, they may order it on such terms as they may deem correct. Usually the application comes from the defendant. It is otherwise in this case. The defendants have severed in their pleading, and for this there might have been what the defendants, conceived to be, the strongest reason. They may have long chains of title, in no wise dependent on, nor connected with…
2Cases cited2 opinions
- Wilson v. MasonSupreme Court of the United States · 1801
- Burd v. SmithSupreme Court of the United States · 1802
3Cited by6 opinions
- Englerth v. KellarWest Virginia Supreme Court · 1901
- McEwen v. Thomas Coal & Land Co.Tennessee Supreme Court · 1911
- Richardson v. SchwoonCourt of Appeals of Tennessee · 1925
- Talbot v. M'GavockTennessee Supreme Court · 1829
- Jackson v. HodgesCourt of Appeals of Tennessee · 1875
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