Virginia Trust Co. v. Green

Supreme Court of North Carolina
Virginia Trust Co. v. Green, 168 S.E. 529 (N.C. 1933)
204 N.C. 780; 1933 N.C. LEXIS 276
Oueiam

Virginia Trust Co. v. Green

Opinion of the Court

Pee Oueiam.

There was no error in the order consolidating this action with another action pending in the Superior Court of Craven County. In Fleming v. Holleman, 190 N. C., 449, 130 S. E., 171, it is said: β€œThe object of consolidating two or more actions is to avoid a multiplicity of suits, to guard against oppression and abuse, to prevent delay, and especially to save unnecessary cost and expense; in short the attainment of justice with the least expense and vexation to the parties litigant. Consolidation, however, is improper, when the conduct of the cause will be embarrassed, or complications or prejudice will result, which will injuriously affect the rights of the parties.” In the instant case, the order of consolidation is supported by this principle.

An examination of the pleadings in this and in the action with which it was consolidated shows that there was no error in the order of reference. C. S., 573, subsection 5. The relief sought in both actions is equitable in its nature.

Affirmed.

Reference

Full Case Name
Virginia Trust Company, E. H. Meadows and Mrs. Julia B. Jones v. E. M. Green, Receiver of Fort Totten, Incorporated, John A. Guion, Trustee, Craven County and National Holding Company.
Cited By
2 cases
Status
Published