Person v. President of the State Bank of N. C.
Supreme Court of North Carolina
From Wake. Person warranted the State Bank in twenty-one different cases, on their notes, the whole amount of notes being somewhat more than g 100, and having obtained judgments, the Bank appealed to the County Court of Wake.
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From Wake. Person warranted the State Bank in twenty-one different cases, on their notes, the whole amount of notes being somewhat more than g 100, and having obtained judgments, the Bank appealed to the County Court of Wake. In the County Court, Defendant moved to consolidate the several suits, and the Court ordered them to be consolidated, on condition that the Defendant would not plead in abatement, the want of jurisdiction in the Justice who tried the warrants, and that they would pay the fees of the Clerk and Constable. Defendant acceded to the. terms, and pleaded the general issue,…
1Opinion of the Court
Hart, Judge. —
The power which the Courts exercise in consolidating actions, has for its object the attainment of justice with the least expense and vexation to the parties, but in the exercise of this power the decisions have not been'uniform.
In Smith v. Crabb, 2 Str. 1149, and Mynot v. Bridger, Ibid. 1178, the Court refused to consolidate, because being distinct actions, the Plaintiff might be ready for trial in one action, but unprepared in the other.- But in Cecil v. Briggs, 2 Term 639, the Court held that not to be a good reason against consolidating two actions, both being brought in…
2Cited by4 opinions
- Phelps v. McCotterSupreme Court of North Carolina · 1960
- Peeples v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1948
- Blount v. . SawyerSupreme Court of North Carolina · 1925
- Smith v. . BowellSupreme Court of North Carolina · 1817