Opinion
June Term, 1897.
Present — Van Brunt, P.J., Rumsey, Williams, Ingraham and Parker, JJ.
Order reversed, without costs, and motion for consolidation granted as stated in opinion, without costs.
It seems to us that the plaintiff was entitled to the costs which had accrued prior to the time of granting the motion for consolidation. The order consolidating the actions should, therefore, have given to the plaintiff the right to tax such costs in each action as had accrued up to the time of the making of the motion. The order should, therefore, be reversed, without costs and the motion for consolidation granted as above stated, without costs.