Robinson v. Hintrager
U.S. Circuit Court for the District of Northern Iowa
At Law. On motion to dismiss for misjoinder of plaintiffs. Action pn contract by Laura P. Robinson, administratrix of the goods and chattels of F. M. Robinson, and J. B. Powers, survivor of himself and said Robinson, lawyers, partners as Robinson & Powers, against ;William Hintrager, for legal services ■ rendered by said firm to the defendant. ■
1Opinion of the CourtShiras, J.
This action is brought upon an account stated for legal services rendered for the benefit of defendant by the late firm of Robinson & Powers. The administratrix of F. M. Robinson, who died in 1885, is joined as a party plaintiff with J. B. Powers, the surviving partner, and the defendant now moves to dismiss the action as to the adminis-tratrix on the ground that she cannot be properly joined as a-co-plaintiff with the surviving partner. The sections of the Code of Iowa applicable to the question are as follows:
“Sec. 2543. Every action must be prosecuted in the name of the real party in…
2Cases cited3 opinions
- Brown v. AllenSupreme Court of Iowa · 1872
- Sage v. . WoodinNew York Court of Appeals · 1876
- McNamee v. CarpenterSupreme Court of Iowa · 1881
3Cited by1 opinion
- Birdsall v. Delaware & H. Co.District Court, M.D. Pennsylvania · 1914