Bech v. Ruggles

6 Abb. N. Cas. 69

Opinion

Lawrence, J.

The language of section 817 of the Code of Civil Procedure does not materially differ from article 4, of title 6, of chapter 6, of part 3, of the Revised Statutes (3 R. S. p. 666, § 38, 5th Ed.). Under the latter statutes it was held, per Davies, J., that actions for the foreclosure of mortgages could not be consolidated (Grant v. Spencer, cited in Thomas on Mortgages, 269; 2 Wait's Practice, 555).

Motion denied with costs.