TERRELL, Justice.
In April 1948, Annice Jernigan instituted a common law action against W.W. Slappy for the wrongful death of her husband. Defendant moved to dismiss the cause but pending said motion, the plaintiff filed a second suit in November 1948, which was tried in January 1949 and resulted in a mistrial. In October 1949 the plaintiff moved that the two causes be consolidated on the ground that they involved the same subject matter. On October 20, 1949, while...
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