Altman v. Huffman

From the judgment of a justice of the peace of El Paso county an appeal was taken to the county court, and from the judgment of the county court an appeal was taken to the court of appeals. Upon motion of the appellant the cause was transferred to this court. The amount of the judgment is $113.75; and the controlling questions for our consideration are whether the person for whose benefit an appeal bond is given may maintain an action before a justice of the peace in his own name, under the provision of the code which requires that, “Every action shall be prosecuted in the name of the real…