Pecker v. Cannon & Scott's Administrators
This text of 11 Iowa 20 (Pecker v. Cannon & Scott's Administrators) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It was erroneous to substitute the administrators and continue the action as to them. The action then pending remained against Cannon but it was improper' [21]*21to unite with him defendants liable in a different capacity and against whom a different judgment, if any, would have to be rendered. The fact that the note was joint and several does not take the case out of the rule recognized in the case of Childs, Sanford & Co. v. John Hyde & Co., 10 Iowa 294. And see Wapello County v. Bigham, Administrator Ib. 39; Fink & Co. v. Taylor’s Administratrix, 4 G. Greene 196.
Judgment reversed.
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11 Iowa 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pecker-v-cannon-scotts-administrators-iowa-1860.