Powell v. Powell
Synopsis
Joindeb of Defendants in Action on Bonds.—When an administrator, in the course of proceedings on the estate, gives two bonds, one when letters are issued, and the other when real estate is about to be sold, and the condition of ea. h of the two bonds is the same, and the burden of the sureties in each is the same, the sureties on the two bonds, in an action on them, may be made joint defendants in the same action.
Liability amono Sukeites to Conteibution.—When an administrator gives two bonds, one when letters are issued, and the other when real estate is about to be sold, and each bond contains the same condition, and the sureties assume a common burden, they are liable to contribution inter sese.
By 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.
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