Wyatt v. Thompson
West Virginia Supreme Court
Appeal and supersedeas granted upon the petition of Sylvester Thompson, Nancy Thompson and Joshua S. Harriman, to several decrees of the circuit court of Kan-awha county, rendered in several causes therein pending, in one °f which M. P. Wyatt, was plaintiff, and Sylvester Thompson and others, were defendants; in another of which M. P. Wyatt, was plaintiff, and W. A. Forqueran and others, were defendants; and in the third M. P. Wyatt, administrator of Nancy Smith, deceased,…
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Appeal and supersedeas granted upon the petition of Sylvester Thompson, Nancy Thompson and Joshua S. Harriman, to several decrees of the circuit court of Kan-awha county, rendered in several causes therein pending, in one °f which M. P. Wyatt, was plaintiff, and Sylvester Thompson and others, were defendants; in another of which M. P. Wyatt, was plaintiff, and W. A. Forqueran and others, were defendants; and in the third M. P. Wyatt, administrator of Nancy Smith, deceased, was plaintiff, and JoshuaS. Harriman and others, were defendants. JOHNSON Judge, who delivered the opinion of the Court…
1Opinion of the CourtJohnson, Judge
The first error assigned is that the court refused to consolidate the several causes. In the case of McRae v. Boast, 3 Rand., 481, it was held, that' the consolidation of actions is not a matter of strict right, nor the proper subject of a plea, either in bar or in abatement; but is addressed to the discretion of the court, and the proper mode of bringing it on is, by motion for a rule to show cause why the actions should not be consolida-*650I11 this case there was no motion made for a rule, and if there bad been, we do not think that a consolidation of the causes would have been proper. In…
2Cases cited4 opinions
- Laidley v. KlineWest Virginia Supreme Court · 1875
- Pecks v. ChambersWest Virginia Supreme Court · 1875
- Beach v. WoodyardWest Virginia Supreme Court · 1872
- Penn's Adm'rs v. SpencerSupreme Court of Virginia · 1866
3Cited by16 opinions
- Bond v. National Fire InsuranceWest Virginia Supreme Court · 1916
- Ward v. WardWest Virginia Supreme Court · 1883
- Foutty v. PoarWest Virginia Supreme Court · 1891
- Keck v. AllenderWest Virginia Supreme Court · 1892
- Reynolds's Adm'rs v. Gawthrop's HeirsWest Virginia Supreme Court · 1892
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