Gallagher v. Barth

—Defendant Barth appeals from an order consolidating the trial of two actions, insofar as it awards to respondents Gallagher the right to open first and close last on the trial of the consolidated action. Order modified on the facts by striking therefrom the provision relating to the opening and closing of the parties, and by inserting in place thereof a provision that “ Solomon Barth shall open first and close last on the trial of the consolidated action.” As so modified, the order, insofar as appealed from, is affirmed, with ten dollars costs and disbursements to the appellant. While there…