Ward v. Dakota Telephone & Electric Co.

SKINNER, Circuit Judge.

The matter now before this court is complicated by the fact that in the trial court two actions were consolidated and tried as one, and' that appeals have been taken by parties on each side of these two. actions as originally brought.

The real object of the two actions was the recovery by the plaintiff E. C. Ward of the amount alleged to be due on a certain promissory note for $20,000, signed by the defendants J. G. Eunston and E. B. Eunston. The defendants in the two actions are identical, and the only apparent necessity for two separate actions arises from the fact…