State ex rel. Jewett v. Robles

Citations

• 75 Fla. 790
• 78 So. 981

Syllabus

<p>PROHIBITION — REVIVAL OF JOINT SUIT AT LAW AGAINST REPRESENTATIVES' OF DECEASED JOINT DEFENDANT.</p> <p>Where a joint suit at law in assumpsit to recover upon a j'oinfr promissory note is instituted against two or more parties makers of such note, and one of such parties subsequently dies, the trial judged under our statutes, has no jurisdiction or power t'o enter an order in such cause to the effect that ■ said cause be separated and should .continue as two separate actions, the one against the surviving defendants and the other against the personal representatives of such deceased defendant ¡and requiring'the personal representatives' of such deceased defendant to appear and plead to the declaration in said cause, and that said cause proceed against such personal . representatives as a separate suit -against them in their representative capacity, and that said original cause shall proceed against the surviving defendants as a separate action from the 'one carved out of it against such personal representátives of - such deceased defendant, and prohibition will li« to estop such unauthorized procedure.</p>