Lincoln Lucky & Lee Mining Co. v. Hendry
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The court below erred in making the order of consolidation. Even under section 921, Revised Statutes, separate actions can not be consolidated for any purpose, where the defenses differ, as here, unless by consent of parties. Mutual Life Ins. Co. v. Hillmon, 145 H. S. 285. See, also, Cox Com. Law Prac. 239, sec. 7; 2 Arch.
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Error, from a judgment for plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The court below erred in making the order of consolidation. Even under section 921, Revised Statutes, separate actions can not be consolidated for any purpose, where the defenses differ, as here, unless by consent of parties. Mutual Life Ins. Co. v. Hillmon, 145 H. S. 285. See, also, Cox Com. Law Prac. 239, sec. 7; 2 Arch. Prac. 180; Graff v. Musser, 3 Serg. & R. 262; Scott v. Cohen, 1 Nott. & M. 413; Bones v. National Bank, 67 Ga. 339; Smith v. Orabb,…
1Opinion of the CourtCollier, J.
Consolidation of suits: judicial discretion. This was an action of ejectment, brought by the defendant in error against the plaintiff in error for the possession of a mining claim known as the “Anaconda Mine,” situated in Santa Fe county, New Mexico, the facts in regard to which are sufficiently stated in the opinion. In the view thait we take of this case, many questions which are pressed upon our attention in the briefs, and which were urged upon the oral argument, may, with entire justice to all parties, be left to be decided when they arise in a case where the determination is necessarily…
2Cases cited2 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Red River Cattle Co. v. SullySupreme Court of the United States · 1892
3Cited by6 opinions
- Consolidated Placers, Inc. v. GrantNew Mexico Supreme Court · 1944
- Hartman v. Texaco Inc.New Mexico Court of Appeals · 1997
- New Mexico v. General Electric Co.District Court, D. New Mexico · 2004
- El Paso Electric Co. v. PinkertonNew Mexico Supreme Court · 1981
- White v. SingletonNew Mexico Court of Appeals · 1975
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