Averitt v. Simpson
Supreme Court of Georgia
Exceptions to auditor’s report; from Early superior court. Motion to dismiss the writ of error. W. F. Averitt, Mary Gray, and T. J. Averitt brought their petition against W. 0. Hilton and A. C. Spence, returnable to the October term, 1911, of the superior court; and the same plaintiffs brought another petition against A. L. Harris and A. D. Averitt, returnable to the April term, 1912, of the same court.
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Exceptions to auditor’s report; from Early superior court. Motion to dismiss the writ of error. W. F. Averitt, Mary Gray, and T. J. Averitt brought their petition against W. 0. Hilton and A. C. Spence, returnable to the October term, 1911, of the superior court; and the same plaintiffs brought another petition against A. L. Harris and A. D. Averitt, returnable to the April term, 1912, of the same court. At the October term, 1912, counsel representing the respective parties entered into an agreement reciting that whereas the parties in the above-stated cases are asserting divers claims of…
1Opinion of the CourtBeck, P. J.
The motion to dismiss the writ of error must prevail. The order referring the two cases to the auditor for a hearing did not have the effect of consolidating the cases or causes of action. The eases .were brought at different terms of the court, and were against different defendants. The mere fact that these cases were ' *354heard- by the auditor - at the same time and under one: order referring them could not have the effect of an order consolidating the cases.- -They remained two several and distinct causes of action. And while the court in one decree and based upon the report of the auditor…
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