Chappell v. Brooks
Chappell v. Brooks
Opinion of the Court
This is a suit upon a joint and several note, signed by GT. W. Chappell, E. 8. Buck and Thomas W. Chappell, payable to G\ W. Brooks, administrator of Milton Brooks, deceased, for the sum of three hundred and sixty-eight dollars. The petition sets forth “that E. S. Buck, one of the signers of the note, had departed this life, previous to the commencement of this suit, and that James Whitworth and T. B. Woods were the admintrators upon his estate.” Service was had upon the administrators of Buck’s estate and upon Thomas- W. Chappell. The suit was dismissed as to* Gr. W. Chappell, not served, and judgment was rendered against Thomas W. Chappell, and against the admin-, istrators of Buck’s estate, to be paid in due course of administration.
The appellant claims that there was error in the judgment, in this, ithat the claim does not appear to have been presented to the administrators for acceptance and rejected by them. Thomas W, Chappell is the only appellant complaining of the judgment ; the administrators of Buck’s estate do not appeal or ask the reversal of -the'judgment. As to the appellant,, there seems-to be no error
The judgment is therefore affirmed as to Thomas W. Chappell.
Affirmed.
Reference
- Full Case Name
- T. W. Chappell v. G. W. Brooks
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- I. Judgment on a joint and several promissory note was rendered against one of the makers, and against the administrators of another maker, who was deceased. The note had never been presented to the administrators, but they did not appeal from the judgment. Held, thatas to the surviving maker,-by whom the appeal is taken, there is no error in tho judgment. He cannot complain of an error which affects his co-defendants only.