Legal Opinion

Mattison v. Childs

Supreme Court of Colorado

Decided December 15, 1879PublishedCited by 12 opinions

Appeal from District Court of Weld County. Tiie case is stated in the opinion.

1Opinion of the CourtElbert, J.

The note declared on is in form the joint note of Russell Fish and Richmond Fisk.

Under Sec. M of the Code, an action thereon was maintainable against both, jointly or either, separately. The section provides “That persons jointly or severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or *79separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff.”

The effect of this section is to abrogate the common law rule respecting parties to actions on joint…

2Cases cited1 opinion

  1. County of Wapello v. BighamSupreme Court of Iowa · 1859

3Cited by12 opinions

  1. Jones v. PerotSupreme Court of Colorado · 1893
  2. Lamping v. KeenanSupreme Court of Colorado · 1886
  3. Metz v. PeopleColorado Court of Appeals · 1895
  4. McCampbell v. CavisColorado Court of Appeals · 1897
  5. COOPER v. DE MAINVILLEColorado Court of Appeals · 1891

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