Walker v. Conn & Co.

Supreme Court of Georgia

Walker v. Conn & Co.

37 S.E. 403, 112 Ga. 314, 1900 Ga. LEXIS 135

CourtSupreme Court of Georgia

DecidedNovember 28, 1900

StatusPublished

Cited by16 cases

This text of 37 S.E. 403 (Walker v. Conn & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Conn & Co., 37 S.E. 403, 112 Ga. 314, 1900 Ga. LEXIS 135 (Ga. 1900).

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Opinion

Simmons, C. J.

1. Where two cases in favor of the same plaintiffs against dif~ ferent defendants were pending in the same court, and the issues involved in them and the evidence relative thereto were so nearly identical as to render it practicable to try the cases together before the same jury and at the same time, it was competent for the court, with the consent of counsel, to pass an order that these cases be consolidated to the extent of trying them together.

2. Such a trial having been had and a separate judgment of nonsuit having been entered up'in favor of each defendant, the plaintiffs had the right to except-separately to such judgments. Where, however, the plaintiffs brought but a-single bill of exceptions to this court and sought thereby to review both the judgments, the writ of error must be dismissed, for this court has no jurisdiction to entertain it. Western Assurance Co. v. Way, 98 Ga. 746, and cases cited; Dickey v. State, 101 Ga. 572; Erwin v. Ennis, 104 Ga. 861; Hicks v. Walker, 105 Ga. 480; Haralson County v. Pittman, 105 Ga. 513.

Writ of error dismissed.

All concurring, except Lewis, L, absent.

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Simmons, C. J.

1. Where two cases in favor of the same plaintiffs against dif~ ferent defendants were pending in the same court, and the issues involved in them and the evidence relative thereto were so nearly identical as to render it practicable to try the cases together before the same jury and at the same time, it was competent for the court, with the consent of counsel, to pass an order that these cases be consolidated to the extent of trying them together.

2. Such a trial having been had and a separate judgment of nonsuit having been entered up'in favor of each defendant, the plaintiffs had the right to except-separately to such judgments. Where, however, the plaintiffs brought but a-single bill of exceptions to this court and sought thereby to review both the judgments, the writ of error must be dismissed, for this court has no jurisdiction to entertain it. Western Assurance Co. v. Way, 98 Ga. 746, and cases cited; Dickey v. State, 101 Ga. 572; Erwin v. Ennis, 104 Ga. 861; Hicks v. Walker, 105 Ga. 480; Haralson County v. Pittman, 105 Ga. 513.

Writ of error dismissed.

All concurring, except Lewis, L, absent.

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Bluebook (online)

37 S.E. 403, 112 Ga. 314, 1900 Ga. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-conn-co-ga-1900.

Opinion

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