Railroad Commission v. Southern Railway Co.

The first assignment of error is upon the ruling of the trial judge refusing to consolidate with this case another case instituted by the Southern Bailway Company against the Boswell Bailroad Company, which was a suit for the appointment of a receiver and for administration of the properties of that company in winding up its corporate affairs. The plaintiff in that case sued as a creditor and stockholder of the defendant company. The Civil Code (1910), § 5419, declares: “Where there is one common right to be established by or against several, and one is asserting the right against many, or…