Sims v. Harris

Judge Simpson

delivered the opinion of the Court.

The bond upon which this suit is brought, is made payable to Harris and others, who were defendants in a chancery suit, and is conditioned for the payment of all such costs and damages as shall accrue, or be awarded to,- or recovered by the defendants in consequence of the dissolution or'discharge of the injunction or dismissal of the complainant’s bill.

The bond being jointly payable to all the obligees, it Is contended the suit was improperly instituted in the name of Harris alone. So far, however, as each of the obligees in the bond has a…