147 Ga. 352 | Ga. | 1917
The motion to dismiss the writ of error must prevail. The order referring the two cases to the auditor for a hearing did not have the effect of consolidating the cases or causes of action. The eases .were brought at different terms of the court, and were against different defendants. The mere fact that these cases were '
’ The fact that the court, in an order passed after the cases were heard, may have referred to the order taken as one of consolidation, did not have the effect of converting the original order into one of actual consolidation or merger of the two cases. In order to consolidate two cases so as to make them actually one, it was necessary that there should have been an order to that effect. Such an order is not a mere formal matter; it affects the material rights of the parties in the case, and parties may except to an order of consolidation improperly granted. In the case of City of Dalton v. Elk Cotton Mills, 146 Ga. 89 (90 S. E. 718), it was ruled: “It is error to consolidate.two or more eases which are'not between the same parties and which do not involve the same pleas
It follows from what we have said that this court is without jurisdiction 'to entertain the writ of error.
Writ of error dismissed.