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Ferris v. Betts

2 How. Pr. 78 Court N.Y. Sup. Ct. English

Delivered by Bronson, Chief Justice.

Contents

Majority

p. 78
Daniel Ferris agt. Daniel S. Betts. Same agt. Same.

Headnote

On a motion for consolidation, costs will not be allowed, where the motion is granted.
February, Term, 1846.
Motion by defendant to consolidate these suits into one.
Defendant’s affidavit stated that each of the suits was founded on a judgment rendered in the superior court of the state of Connecticut. The judgments were rendered *long before the commencement of these suits. The suits were commenced at the same time; and the cause of action was such that they might properly be joined in the same declaration; the questions which would arise in both were substantially the same, and the defence in both was substantially the same.
W. J. Dodge, defendants counsel.
Gardner & Burdick, dejendant’s attorneys.
J. J. Ring, plaintiff’s counsel.
J. Bigelow, plaintiff’s attorney.

Granted the motion, without costs. Defendant’s counsel insisted they should be allowed costs.

p. 79
Chief Justice said they allowed no costs in cases of consolidation.