Perkins v. Merchants' Lithographing Co.

This is an appeal by the plaintiffs from an order, •consolidating two actions, on motion made by the defendant on affidavits, prior to the interposition of answers.

Both actions are brought on cause of action on contract to recover the sums of $387.04 and $318.16, respectively, making a total of $705.20.

The defendant states in its moving affidavit its defense to be a counterclaim for damages to the amount of $800 arising out of one of the causes of action above mentioned.

Section 817 of the Code of Civil Procedure is as follows: “ Where two or more actions, in favor of the same plaintiff…