Farmers & Merchants National Bank v. Foster

The opinion of the Court was delivered by

Mr. Justice Cothran.

These were nine separate actions brought by the plaintiff bank against the defendant J. C. Foster and eight others, upon several notes signed by them, executed under the circumstances hereinafter detailed. The plaintiff made a motion before his Honor, Judge Shipp, to consolidate the nine actions, and to refer them to the Master of Florence County. Judge Shipp passed an order consolidating the actions, but refusing to refer them, upon the ground as stated in his order:

“An accounting is neither asked, nor áre there allegations…