Marsh v. Goodrell

Decided April 15, 1861

Supreme Court of Iowa · decided 1861-04-15

This was a suit upon a joint and several promissory note, signed by W. A¡ Scott and others. Scott in his life time, with the other defendants, filed their answer to the claim of plaintiff. Before judgment Scott died, and by order of court, the suit was revived as against his administrators* The administrators moved to dismiss the cause as against them, for the reason that plaintiff could not prosecute this suit against them jointly with the other defendants.

Decided 1861-04-15

Baldwin, J.

¶1Upon the ruling of this .court in the cases of Childs, Sanford & Co., v. John Hyde & Co., 10 Iowa 294, and Pecker v. Cannon and Scott’s Administrators, ante, this cause must be reversed.

¶2We cannot see the distinction between the case of Pecker v. Cannon and Scott’s Administrators, and the one now before the court. The former was commenced after Scott’s death, the latter prior to his decease. This does not change the relation of the parties. Those cases were decided upon the principle that the suit could not be prosecuted against -the administrators jointly with the survivors.

¶3The motion should have been sustained.

¶4Judgment reversed.