Gerding v. Anderson, Starr & Co.
Supreme Court of Georgia
Practice in the Superior Court. Before Judge Lawson. Putnam Superior Court. March Term, 1879. Gerding, surviving partner, was defendant in three suits brought on promissory notes in Putnam superior court by Anderson, Starr
1Opinion of the Court
Jackson, Justice.
This was a motion to consolidate three suits on three notes into one action. There can be no doubt of the right of the defendant ordinarily to consolidate, if there be no detriment thereby to the plaintiff on the merits of the cases. To show that there will be no hurt to the plaintiff, defendant must show either that he has no defense, or that the same defense applies to all the cases, and in order to show the court the latter fact, he must disclose what that defense is. For it is for the court to decide whether the facts make the defense the same in each case. Tf the…
2Cases cited3 opinions
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