Wynn v. Maddox

1. An action on a forthcoming bond in a claim case may be brought in the name of the levying officer or of the plaintiff in fi. fa. When the suit is brought in the name of the levying officer for the use of the plaintiff in fi. fa., the officer is only a formal party, without interest in the subject-matter, the plaintiff in fi. fa. being the real party. Gordon v. McCauley, 73 Ga. 667; Martin v. Lamb, 77 Ga. 252 (2); Wortsman v. Wade, 77 Ga. 651 (4 Am. St. Rep. 102). The plaintiff in fi. fa. presumably institutes the action, and may bring it in either of the forms indicated above, without the…