Kelley v. Kelley

This action is the successor of two actions which were consolidated by an order granted and. entered October 1, 1921. Plaintiff succeeded at the trial, which took place October 17, 1921.

Here we must review the clerk’s determination on taxation of plaintiff’s costs, in which, after taxing a full bill in the consolidated action, he refused to tax any costs in the actions before consolidation.

The clerk must be sustained. When two or more actions are consolidated under the provisions of the Civil Practice Act, they are at an end and are deemed discontinued. No costs in those actions can be taxed…