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DAVIS v. JESSUP

No. 388.

125 S.E.2d 440 (1962)

257 N.C. 215

Marjorie C. DAVIS, Administratrix of the Estate of Jettie Lee Cromer Carroll, Deceased, v. Roxie N. JESSUP, Administratrix of the Estate of Rufus Cruise Samuel, Deceased. C. O. CARROLL, Administrator of the Estate of William Lewis Carroll, Deceased, v. Roxie N. JESSUP, Administratrix of the Estate of Rufus Cruise Samuel, Deceased.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

White & Crumpler, Leslie G. Frye and Harrell Powell, Jr., Winston-Salem, for plaintiffs-appellants.

Jordan, Wright, Henson & Nichols, Greensboro, for defendant-appellee.

DENNY, Chief Justice.

The plaintiffs' first assignment of error is to the consolidation of these actions for trial. The trial court possesses the discretionary power in proper cases to order the consolidation of actions for trial. McIntosh, North Carolina Practice & Procedure, 2nd Ed., Vo1. I, Section 1342; Peeples v. Seaboard Air Line R. R. Co., 228 N.C. 590, 46 S.E.2d 649, and cited cases. Moreover, when the consolidation of actions for the purpose of trial...

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