Edward Douglass White

“ The petition for the allowance of the appeal in the first case (No. 79 here; No. 3471 in the supreme court of the Philippine Islands) expressly recited that the amount in controversy therein 'is 30,000 pesos, equivalent to $15,000 U.S. currency.' It was, however, asserted that the cause was 'an incident and part of the same transaction and controversy involved in cause No. 3472,' and that the two cases 'were . . . consolidated and tried together in the court of first instance.' The appeal was allowed by one of the associate justices of the supreme court of the Philippine Islands. ”

“ The suits were separately commenced, and although tried together, this was done for convenience, and the cases were tried not upon the theory that they were consolidated, but as being separate and distinct suits. ”

“ Case No. 79 was a suit of an equitable nature brought by the bank against Martinez to foreclose a mortgage upon the steamer Germana, sell the steamer, and collect an alleged debt of 30,000 pesos, claimed to be secured thereby. By the answer and cross bill it was asserted that, at the time of executing the mortgage, Martinez was mentally incapacitated, and hence legally incompetent ”