Quitman Cooperage Co. v. Peoples First National Bank

(After stating the foregoing facts.) The question in this case is whether a suit in the city court of Quitman should have been consolidated with the equitable petition filed in the present case, upon application of the plaintiffs. Peoples First National Bank of Quitman raised the objections that to consolidate *95tbe cases would be joining the suit upon a note in the city court, which of course is an action ex contractu, with a suit in the nature of an action for a tort, and that the consolidation would bring into the same case parties whose interests were diverse. The judge refused to…