Rockefeller v. St. Regis Paper Co.

Kellogg, J. M., J.

This is a motion to vacate and set aside the judgment in action Ho. 1 and consolidate the two actions into action Ho. 1. Action Ho. 1 was brought to recover of the defendant the amount due the plaintiffs upon a contract for timber cut and removed from their land in the amount of $5,030, being for the cuttings and the payments due to October 1, 1902. The action was brought December 22, 1902, after a dispute had arisen as to the amount of cutting and the amount due plaintiffs to October 1. The defendant appeared in said action December 26, 1902, and offered judgment for…