CONSOLIDATION RULE
(bouvier) | CONSOLIDATION RULE, practice, com. law. When a number of actions are brought
on the same policy, it is the constant practice, for the purpose of saving
costs, to consolidate them. by a rule of court or judge's order, which
restrains the plaintiff from proceeding to trial in more than one, and binds
the defendants in all the others to abide the event of that one; but this is
done upon condition that the defendant shall not file any bill inequity, or
bring any writ of error for delay. 2 Marsh. Ins. 701. For the history of
this rule, vide Parke on Ins. xlix.; Marsh. Ins. B. 1, c. 1 6, s. 4. And see
1 John. Cas. 29; 19 Wend. 23; 13 Wend. 644 5 Cowen, 282,; 4 Cowen, 78; Id.
85; 1 John. 29; 9 John. 262.
2. The term consolidation seems to be rather misapplied in those cases,
for in point of fact there is a mere stay of proceedings in all those cases
but one. 3 Chit. Pr. 644. The rule is now extended to other cases: when
several actions are brought on the same bond against several obligors, an
order for a stay of proceedings in all but one will be made. 3 Chit. Pr. 645
3 Carr. & P. 58. See 4 Yeates, R. 128 3 S. & R. 262; Coleman, 62; 3 Rand.
481; 1 N. & M. 417, n.; 1 Cow n 89; 3 Wend. 441; 9 Wend. 451; M. 438, 440,
n.; 5 Cowen, 282; 4 Halst. 335; 1 Dall. 145; 1 Browne, Appx. lxvii.; 1 Ala.
R. 77; 4 Hill, R. 46; 19 Wend. 23 5 Yerg. 297; 7 Miss. 477; 2 Tayl. 200.,
3. The plaintiff may elect to join in the same suit several causes of
action, in many cases, consistently with the rules of pleading, but having
done so, his election is determined. He cannot ask the court to consolidate
them; 3 Serg. & R. 266; but the court will sometimes, at the instance of the
defendant, order it against the plaintiff. 1 Dall. Rep. 147, 355; 1 Yeates,
5; 4 Yeates, 128; 2 Arch. Pr. 180; 3 Serg. & R. 264.
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