The  only  question  at  issue  is  the  right  of  the  holder  of  a  note
to  bring  a  joint  action  against  the  maker  and  guarantor  of  a
note.  Section  44  of  the  Code  of  Civil  Procedure  provides  that
"persons  severally  liable  upon  the  same  obligation  or  instru-
ment, including  the  parties  to  bills  of  exchange  and  promissory
notes,  may  all  or  any  of  them  be  included  in  the  same  action  at
the  option  of  the  plaintiff."  This  is  a  literal  copy  of  section  120
of  the  Code  of  New  York,  as  it  existed  prior  to  1876,  and  has
been  copied  in  Ohio,  Florida,  Minnesota,  Oregon,  Colorado,
North  Carolina,  South  Carolina  and  Wisconsin.  Bliss  on  Code
Pleadings,  section  94.  In  Kansas  the  words  "and  indorsers
and  guarantors"  follow  the  words  "promissory  notes."  Sec-
tion 2550  of  the  Code  of  Iowa  of  1873  provides  that  "when  two
or  more  persons  are  boiuid  by  contract  or  by  judgment,  decree
or  statute,  whether  jointly  only,  or  jointly  and  severally,  or
severally  only,  and  including  the  parties  to  negotiable  paper,
common  orders  and  checks  and  sureties  on  the  same  and  sep-
arate instruments,  or  by  any  liability  growing  out  of  the  same,
the  action  thereon  may  be  brought  at  the  plaintiff's  option
against  any  or  all  of  them."  Under  these  provisions  it  is  held
that  the  guarantor,  when  the  guaranty  is  on  the  same  paper
with  the  original  instrument,  may  be  joined  as  defendant  with
maker.  Peddicord  v.  Whitman,  9  Iowa  471 ;  Marvin  v.  Adam-
son,  11  Iowa  371 ;  Tucker  v.  Shiner,  24  Iowa  33 ;  Stout  v.  Note-
man,  30  Iowa  414;  Mix  v.  Fairchild,  12  Iowa  351.
