Legal Opinion

Peeples v. Seaboard Air Line Railroad

Supreme Court of North Carolina

Decided March 17, 1948PublishedCited by 9 opinions

1Opinion of the CourtWiNborne, J.

“Did the court commit error in, ex mero motu, ordering the consolidation of these cases for trial?” Appellant states this as the question involved on this appeal. Decisions of this Court answer “No.”

Neither of the plaintiffs, appellees,' has filed a brief.

The decisions of this Court uniformly recognize that the trial court possesses the power in proper cases to order the consolidation of actions for trial. See McIntosh on North Carolina Practice and Procedure, pp. 536-539; Person v. Bank, 11 N. C., 294; Buie v. Kelly, 52 N. C., 266; Glenn v. Bank, 70 N. C., 191; Hartman v. Spiers, 87 N. C.,…

2Cases cited30 opinions

  1. Abbitt v. . GregorySupreme Court of North Carolina · 1931
  2. Baker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1933
  3. Glenn v. Farmer's Bank of North CarolinaSupreme Court of North Carolina · 1874
  4. In Re Will of AtkinsonSupreme Court of North Carolina · 1945
  5. Fleming v. HollemanSupreme Court of North Carolina · 1925

25 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kanoy v. HinshawSupreme Court of North Carolina · 1968
  2. Davis v. JessupSupreme Court of North Carolina · 1962
  3. Phelps v. McCotterSupreme Court of North Carolina · 1960
  4. Horton v. . PerrySupreme Court of North Carolina · 1948
  5. Kinney v. GoleyCourt of Appeals of North Carolina · 1969

4 more not listed; retrieve them via the Exa API.

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