Kalte v. City of Lexington

Upon the facts presented on this appeal tbe decisive questions are: (1) Did tbe court below err in consolidating tbe cases for tbe purpose of trial? (2) In an action in justice of tbe peace court on debt against a city, is tbe plaintiff required to file a verified com plaint and set forth the allegations in compliance with C. S., 1330? (3) Was refusal of motion for judgment as of nonsuit error?

We answer the first issue “No” and the second and third “Yes.”

1. A consolidation may be ordered where the plaintiff in the same right institutes several actions against the same defendant on several…