Stauffer v. Garrison
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. This suit was on a sequestration bond, which was fully described with its obligees in the declaration. The bond was conditioned for the payment of all damages which might accrue from the wrongful seizure of the property to be taken under the process.
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. This suit was on a sequestration bond, which was fully described with its obligees in the declaration. The bond was conditioned for the payment of all damages which might accrue from the wrongful seizure of the property to be taken under the process. The declaration averred that a case was once pending in the chancery court against all the obligees to vacate an assignment made by the plaintiffs’ debtor for their benefit first, and then for the benefit of the other obligees; that the bond was taken and the goods…
1Opinion of the CourtCampbell, C. J.
The circuit court did wrong to sustain the objection made on the trial to the introduction of the bond sued on because of the non-joinder of some of the obligees as pláintiffs. There was no variance between the instrument sued on and that offered in evidence. It was correctly described in the declaration, but the suit was not rightly brought in the name of part of the obligees. It should have been in the name of all or their non-joinder accounted for on legal grounds. But as the defendant had not given written notice thereof with his plea, as required by § 1511 of the Code of 1880, the…
2Cited by5 opinions
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