First National Bank of Plainville v. Riley

This is an action upon a promissory note and was brought against Mrs. E. A. Carlson and Enos Carlson, as joint makers. Each of the two defendants filed a separate answer. Thereafter, the defendant Mrs. E. A. Carlson died, and the administrator of her estate was, on motion of plaintiff and without objection of the other defendant, sub*373stituted as a party defendant. The defendant Enos Carlson then filed a demurrer to the complaint on the ground of “a defect and misjoinder of parties.” The demurrer was sustained. Thereupon plaintiff offered to dismiss as to the administrator and to proceed…