Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...of by counsel and treated as "the consolidated suits," and not as "suits of the Consolidated Company," as Mr. Pugsley ingeniously put it, at one time before me, since the question of costs arose. I also find that the order of sale by the late Judge in Equity, in January, 1894, was made on the basis, as I understand it, of the suits having been consolidated. Mr. Pugsley, on the present hearing, while he asked me to confirm my order, as to the proportionate distribution of the balance of the funds, wished me to strike out of my order the statement that the suits were consolidated, and stated there never was an application to consolidate the suits, nor ever any order made so to do. I cannot read stenography, and there is no need, I presume, but I did as I mention get Mr. Fry's report of what had taken place, and was and am informed from the records of the Court, that the suits and proceedings were and are all ordered to be and are consolidated, and the fact that the order was never taken out, if it never was, is no proof that it was not made. I find and determine that it was made and acted on, and is in force. Several orders I made were not taken out, but were acted on and are as valid as if they were taken out. Mr. Pugsley, I assume, has forgotten, or has not made full inquiries on the subject. I have referred to this at some length, as the Court has decreed that I shall give directions to the clerk as to taxation of costs, which I now proceed to do. I think the taxation of costs should be governed by the fact and the costs taxed on the basis that all the suits and proceedings were consolidated on October 29, A.D. 1893, since which time such suits and proceedings are to be dealt with, so far as taxation of costs go, ...