Legal Opinion

Dunning v. Bank of Auburn

New York Supreme Court

Decided September 15, 1837PublishedCited by 13 opinions

Motions for consolidation. On these motions, several points of practice were settled, which will be sufficiently understood without any further statement of facts, than that contained in the opinion of the court.

1Opinion of the Court

By the Court, Bronson, J.

When the defendant moves to consolidate two or more actions between the same parties, he should show that the causes of action are such as may be joined in the same declaration, and that the questions which will arise in both of the actions, are substantially the same. The affidavit should state, either that no defence is intended, or that the defence will be substantially the same in both. If these matters are not controverted by the plaintiff, and it does not appear that he will suffer any great delay, or other prejudice, the motion will be granted. 2 R. S. 383, §…

2Cases cited2 opinions

  1. Brewster v. StewartNew York Supreme Court · 1830
  2. Bank of the United States v. StrongNew York Supreme Court · 1832

3Cited by13 opinions

  1. Harris v. SweetlandMichigan Supreme Court · 1882
  2. Carter v. SullyThe Superior Court of the City of New York and Buffalo · 1892
  3. Kelley v. KelleyNew York Supreme Court · 1924
  4. Lindsay v. WaylandSupreme Court of Arkansas · 1856
  5. Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912

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