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48 Cal. 234

Powell v. Powell

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

The action was brought upon two bonds of the defendant, J. N. Powell, as executor of the estate of G. W. Powell, deceased, against him as principal, and his co-defendants as sureties. One of the bonds was given when the letters testamentary were issued to him, and Dale and Gus-haw were sureties on this, and the other was given subsequently, pursuant to an order to sell certain real estate; and defendants Nason, Laugenor and Boberts were sureties on this.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 13 later decisions — most recently August 1963

13 state decisions

401874188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court:

¶1The condition of each of the two bonds by the executor is identical; the burden of the sureties the same, and their consequent liability inter sese to contribution clear. The complaint, therefore, though proceeding upon both bonds, was not open to the objection that several causes of action had been improperly united. Nor was there a misjoinder of parties defendant. The sureties who are sued, as observed already, though executing separate bonds, assumed a common burden, and as being sureties on separate instruments, may be properly joined as co-defendants in the action. (Code Civil Proc. Sec. 383.)

¶2The judgment is reversed and cause remanded, with directions to overrule the demurrers of the defendants.

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