Childs, Sanford & Co. v. John Hyde & Co.
Supreme Court of Iowa
Appeal from Polls District Court. The suit was against John Hyde & Co., a firm composed of John Ilyde, John Bryant and W. A. Scott. The notice was served on Hyde, and at the August term, 1858, defendants filed their answer to the petition.
Read the full summary
Appeal from Polls District Court. The suit was against John Hyde & Co., a firm composed of John Ilyde, John Bryant and W. A. Scott. The notice was served on Hyde, and at the August term, 1858, defendants filed their answer to the petition. Scott one of the partners having departed this life, a notice was served on his administrators that they were made parties to the suit as such administrators, and unless they appeared at the August term of the District Court 1859, and answer the petition, judgment would be taken against them by default. The said administrators appeared and moved the court…
1Opinion of the CourtStocktoN, J.
The action could not be continued against the administrators of Scott as defendants jointly with the surviving partners, and the motion of the administrators to quash the notice, and their demurrer to the petition should have been sustained.
It was not competent for the plaintiff to join the administrators of the deceased partner with the surviving partners and pray a judgment against both in the same suit. The judgment against them is in different rights ; against the surviving partners it must be a judgment de bonis própriis; against the administrators it must be a judgment de bonis…
2Cited by9 opinions
- Hess v. LowreyIndiana Supreme Court · 1890
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Walker Drilling Co. v. Carlew Drilling ContractorsSupreme Court of Oklahoma · 1925
- Barlow v. Scott's AdministratorsSupreme Court of Iowa · 1861
- Pecker v. Cannon & Scott's AdministratorsSupreme Court of Iowa · 1860
4 more not listed; retrieve them via the Exa API.