Supreme Court of Iowa, 1860

Pecker v. Cannon & Scott's Administrators

Supreme Court of Iowa · Decided October 6, 1860 · Wright

11 Iowa 20

Cases that cite this one

1 later published case cites this decision.

Braithwaite v. Aikin (N.D. 1891)

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

Wright J.

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' *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.