6 Abb. N. Cas. 69
Decided September 15, 1878
New York Supreme Court · decided 1878-09-15
Motion by defendants to consolidate actions. The plaintiff, Charlotte E. McC. Bech, brought six actions against James F. Ruggles and Grace B. Buggies his wife, to foreclose six separate mortgages, bearing even date, and executed respectively by the defendants to secure several sums amounting in the aggregate to $25,000, and covering separate adjoining lots in the city of New York.
Decided 1878-09-15
¶1The 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 *70actions for the foreclosure of mortgages could not be consolidated (Grant v. Spencer, cited in Thomas on Mortgages, 269; 2 Wait's Practice, 555).
¶2Motion denied with costs.