Moore v. . Edwards

The only questions here presented are: (1) The plea of estoppel or res judicata; (2) was the principal in the bond a proper and necessary party to this action ?

Tbe defendant, J. H. Edwards, signed the bond of R. W. Mitchell under C. S., 836, which is as follows: “At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, payable to the plaintiff, executed by one or more sufficient sureties, to the effect that they are bound in double…