Powell v. Powell
Cases that cite this one
14 later published cases cite this decision.
- Dugger v. Wright (Ark. 1888)
- Murchison v. Murchison (Cal. Ct. App. 1963)
- State Ex Rel. Shenandoah Valley National Bank v. Hiett (W. Va. 1941)
- State Ex Rel. Connellsville By-Product Coal Co. v. Continental Coal Co. (W. Va. 1936)
- Broast v. Interstate Surety Co. (S.D. 1925)
- Abraham v. Harry (Okla. 1917)
- People's Bank & Trust Co. v. Nelson (Okla. 1913)
- Elizalde v. Murphy (Cal. 1912)
- Slater v. McAvoy (Cal. 1899)
- Botkin v. Kleinschmidt (Mont. 1898)
- Stoner v. Keith County (Neb. 1896)
- Evans v. Gerken (Cal. 1894)
- Gilbert v. Board of Education (Kan. 1890)
- Bernero v. South British & National Insurance (Cal. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The 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.)
The judgment is reversed and cause remanded, with directions to overrule the demurrers of the defendants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.