Hardwick v. Fidelity & Deposit Co.

(After stating the foregoing facts.) The first headnote is not intended to rule that there is to be no liability in any case for costs against the party in whose name a suit may be brought for the use of another. Indeed, the contrary appears to be the general rule. Fain v. Garthright, 5 Ga. 6 (1); Hargraves v. Lewis, 6 Ga. 207 (3); English v. Register, 7 Ga. 387 (2); Shanks v. White, 36 Ga. 432 (4); Union City &c. Co. v. Wright, 138 Ga. 703 (2) (76 S. E. 35). If in an action for the alleged breach of an official bond of the nature involved in the instant case it is necessary or proper for the…