Beavers v. Mabry

Reid, Chief Justice.

In addition to the contention that the order of consolidation was entirely erroneous, and that the defendants were not entitled to any of the relief granted on their cross-action, the assignments of error are, specifically (1) that the plaintiff was in effect denied a hearing, and that the order was granted ex parte; (2) that the effect of the order of consolidation was to unite, contrary to law, a cause of action ex-contractu with one ex delicto, it being contended that the suit in the city court of Quit-man for damages was one sounding in tort and that the…