Ex Parte Green

The respondent in this court denies that this proceeding is appropriate to obtain the relief sought by the petitioner. This is upon the theory that an order of consolidation is discretionary and that when the court acts, mandamus will not review that action, nor direct the manner, of exercising a discretionary power.

While an order of consolidation is said in some instances to be discretionary, it may always be reviewed if the facts do not justify it. It is when the facts do justify it, that the court may have a discretion in granting it. Corpus Juris, 1123, 1124. But the abuse of a discretion…