Curry v. People

This was an action of debt on an administrator’s bond, brought in the name of the people, for the use of Samuel Boyles, and against appellants. The bond was signed by appellants, Samuel Moore and I. L. Speeke. In the description of the bond in the declaration, no mention is made of the last two obligors above named. While it is admitted that, under our statute, it is not required that all the obligors should be joined in a suit on an administrator’s bond, it is urged that there was a variance between the bond described and the bond read in evidence.

The rules of pleading require parties in…