Presstman v. Beach

Miller, J., delivered the opinion of the Court. From this record it appears that five suits were instituted by the appellee against the appellant, before a justice of the peace, upon five several promissory notes, each for the sum of $52.76. These notes were all dated the 2nd of March, 1881, and were payable respectively in eight, ten, twelve, fourteen, and sixteen months after date. The actions were all brought on the 4th of August, 1882, after all the notes had matured.

The magistrate rendered judgment in each case in favor of the plaintiff for the amount of the note, with interest until paid, and costs. The defendant took an appeal in each case, and when the appeals were reached for trial in Baltimore City Court, he filed a petition stating that the aggregate amount of the notes exceeded the jurisdiction of the justice and of the Court in cases of appeals from magistrates’ judgments, and ²⁰⁵ he therefore moved the Court that these five eases may be consolidated so as to constitute a single suit. The Court overruled this motion and affirmed the several judgments of the justice, with costs, and from the order overruling this motion to consolidate, the defendant has taken an appeal to this Court. It is manifest from its terms that section 8, Art. 49, of the Code, has no application to suits instituted before justices of the peace.

It provides that where two or more actions on obligations conditioned for the payment of any money, or two or more actions on the case arising ex contractu, by and between the same plaintiff and the same defendant, shall ho brought at the same term, the Court in which such actions are pending shall, on motion of the defendant, order the said actions to be consolidated, and when consolidated, shall direct the clerk to tax the costs of but one action. The Court was, therefore, entirely right in refusing the