There is doubt if any order of consolidation should be made with the suit of Temple v. Hay Co., ante, 239, after verdict and judgment in the latter case. As now advised, we concur in his Honor’s view, that an order of consolidation could not be made with a cause which was in the Supreme Court by a perfected appeal, and must hold, therefore, that the present appeal be dismissed without prejudice. Since appeal taken, it appearing, however, that a new trial has been ordered in the suit of Temple v. Hay Co., supra, we consider it right to say that there should be a consolidation of these two suits, to the end that the court thus acquiring full jurisdiction, both of the res and person of the claimant, may be able to dispose of the entire controversy and enter judgment awarding this money to the rightful owner, and thus protect defendant bank, which is without fault in the premises, from a double liability for the same fund.
Appeal dismissed.
Stacy, J., not sitting.