Sellon & Co. v. Braden
Supreme Court of Iowa
Appeal from Lucas District Court. The facts are stated in the opinion of the court. I. No suit can be maintained against the representative of a deceased joint obligor, the other obligors being alive. This question is well settled at common law. 1 Chit. PL, 50; 1 Pars. Cont., 28, and the cases there cited. II. The court erred in entering up judgment against the defendant, as administrator.
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Appeal from Lucas District Court. The facts are stated in the opinion of the court. I. No suit can be maintained against the representative of a deceased joint obligor, the other obligors being alive. This question is well settled at common law. 1 Chit. PL, 50; 1 Pars. Cont., 28, and the cases there cited. II. The court erred in entering up judgment against the defendant, as administrator. The’ only order that could be entered up would be one allowing the claim, and- directing the administrator to pay it out of the funds in his handsVoorhees& Go. y. JEwbanJcs’ Executors, 6 Iowa, 274. The…
1Opinion of the CourtLows, J.
Upon application, a new hearing was granted in this cause, and upon a still closer inspection of the record, and examination of the question presented, we have been brought to the same general conclusion, and must again affirm the judgment below.
The plaintiff’s claim consists of a joint obligation against three persons, one of whom had died prior to the taking effect of the new Code of 1860, and the defendant, Braden, was appointed his administrator. Against him, alone, proceedings were commenced before the county court, on said obligation, and were brought by appeal into the District Court,…
2Cases cited3 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Yorks v. PeckNew York Supreme Court · 1853
- Foster v. HooperMassachusetts Supreme Judicial Court · 1800
3Cited by4 opinions
- Martin & Bro. v. Davis & Co.Supreme Court of Iowa · 1866
- Smith v. McFaddenSupreme Court of Iowa · 1881
- Ryerson v. HendrieSupreme Court of Iowa · 1867
- Turner v. HitchcockSupreme Court of Iowa · 1866