Pecker v. Cannon & Scott's Administrators
Supreme Court of Iowa
Appeal from Pollc District Court. Plaintiee sues upon a joint and several promissory note made by Cannon and Scott. Pending the action, Scott departed this life. His administrators were notified of the pendency of the action, and such proceedings were had as that, against their objection, judgment was rendered against Cannon, and G-oodrell and Scott “Administrators of the Estate of W. A. Scott deceased.”
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Appeal from Pollc District Court. Plaintiee sues upon a joint and several promissory note made by Cannon and Scott. Pending the action, Scott departed this life. His administrators were notified of the pendency of the action, and such proceedings were had as that, against their objection, judgment was rendered against Cannon, and G-oodrell and Scott “Administrators of the Estate of W. A. Scott deceased.” It was also ordered that an execution issue against Cannon, and that a transcript of this judgment-be filed at the office of the County Judge as an adjusted claim against the estate of W. A.…
1Opinion of the Court
Wright J.
It was erroneous to substitute the administrators and continue the action as to them. The action then pending remained against Cannon but it was improper' *21to unite with him defendants liable in a different capacity and against whom a different judgment, if any, would have to be rendered. The fact that the note was joint and several does not take the case out of the rule recognized in the case of Childs, Sanford & Co. v. John Hyde & Co., 10 Iowa 294. And see Wapello County v. Bigham, Administrator Ib. 39; Fink & Co. v. Taylor’s Administratrix, 4 G. Greene 196.
Judgment reversed.
2Cases cited1 opinion
- Childs, Sanford & Co. v. John Hyde & Co.Supreme Court of Iowa · 1860
3Cited by1 opinion
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891