Igoe Bros. v. National Surety Co.

The opinion of the court was delivered by

Peksicie, J.

Appellant seeks to review an order and rule, each dated November 19th, 1932, made by the late Chief Justice G-ummere during the progress of the cause. The order denied appellant’s motion to dismiss the respondent’s cause of action, summons in which was tested September 24th, 1932; and the rule permitted the respondent to consolidate its two causes of action against the appellant. The rule of consolidation provided that the allegations of the first cause should be known as “First Count” of the consolidated action and the allegations of the…