Chapter 15 - § 15.16 • JOINT RIGHTS AND OBLIGATIONS

• Jurisdiction: Colorado

§ 15.16 • JOINT RIGHTS AND OBLIGATIONS

If the representative, both in an individual and representative capacity, claims an interest in the subject matter of the suit or is alleged to have an obligation with regard to it in both capacities, he or she may be joined as plaintiff or as defendant, but unless an allegation is made as to the capacity of the representative, it is uncertain in what capacity the suit is being brought or defended and it is subject to motion for ambiguity.⁸⁵ In early cases, such as Mattison v. Childs,⁸⁶ suits were brought against the representative of a deceased joint obligor and the other joint obligor. This was held to be improper on the ground that a joint judgment would be rendered and it would be payable jointly out of the assets of the estate and personally by the surviving joint obligor. These decisions are no longer of any effect since the adoption of C.R.C.P. 20, although subparagraph (c) of that rule is substantially the same as the provision of the Code of Civil Procedure in effect at that time. Subparagraph (a) of the rule seems to make it clear that it is permissible to join everyone who is affected by the same set of facts. The court can provide in its decree that the judgment against the surviving obligor is personal and the one against the representative is payable from the estate only, and can provide reciprocal rights of contribution. This avoids multiplicity of suits, which is one of the objectives of the rules. The rule in Mattison v. Childs does not apply to a suit on a joint obligation started during...