McCorkel v. Whitten & Son

1. Where a forthcoming bond is given in a legal proceeding wherein the plaintiffs are a partnership, the fact that the bond may erroneously recite that the plaintiff is an .individual will not authorize the individual to bring suit on- the bond, since the previous legal proceeding would afford no actual basis for the giving of such a bond.

*708Decided April 14, 1921.

2. Where, in a mortgage-foreclosure proceeding by a partnership, a claimant gives a forthcoming bond payable to the levying constable, but erroneously names an individual as the plaintiff in fi. fa. in the foreclosure proceeding, and…