Consolidate

To unite or merge into one; to combine; to amalgamate. To unite into one mass or body, as, to consolidate various funds; to unite in one, as, to consolidate legislative bills.

3 Consolidation of actions.

A direction that one of several pending actions, involving the same facts and issues, shall be tried, the result of the trial to be an adjudication of all the causes; or else that all the actions proceed to trial and judgment as one suit. Sometimes termed the " consolidation rule." ' Allowed in suits against several insurers; in suitson separate promissory notes of the same date; but not in actions upon independent contracts, nor where claims have different guarantees; nor in actions upon distinct penalties. The United States courts may consolidate actions of a like nature, or relative to the same question, as they deem reasonable.* Consolidation of associations. Union or merger into one, of two or more companies or corporations organized for the same, or for some related, purpose. In England, " amalgamation." Whether the consolidation of two companies works a dissolution of both, and the creation of a new Corporation, depends upon the intention of the legislatui'6.®' A sale by one coi-poration of all of its property to another corporation, is, as against creditors not assenting thereto, fraudulent and void." When two companies unite or become consolidated under the authority of law, until the contrary appears the presumption is that the united or consolidated company has all the powers and privileges, and is subject to all the restrictions and liabilities, of the companies out of which it was created.'

1 Farrish v. Cook, 0 Mo. Ap. 328, 331 (1878). ' Indep. District of Fairview v. Dm-Iand, 45 Iowa, 66- (1876), Seevers, C. J. ^ > See Gould, Plead., IV, s. 103; Cox, Com. L. Pr. 239;. 59 Miss. 126., *R. S. § 921; Keep v. Indianapolis, &c. E. Co., 3. Mc Crary, 302 (1882): 10 F. E. 456. » Centi-al R. Co. v. Georgia, 93 U. S. 670-76 (1S75), cases; Branch v. Charleston, ib. 677, 683 (1875), cases; Green County v. Couness, 109 id. 106 (18a3); Tj-son u. Wabash R. Co., U Biss. 510 (1883); Woodruff v. Erie E. Co., 93 N. Y. 616-16 (1883). 'Hibernia Ins. Co. v. St. Louis, &c. Transp. Co., 4