Mullins v. Dowling

1. Upon the foreclosure of a landlord’s special lien for supplies, although, the affidavit made to secure the issuance of the execution therein may be made by the agent of the landlord (Civil Code (1910), §§ 3348, 3366 (3) ), yet when it appears that such affidavit is made by such an agent, the execution thereunder should issue in favor of the principal. Where such an execution issued in favor of “Dowling, agent for McClain,” it was in favor of Dowling individually, and the words “agent for McClain” were merely descriptio persoiise. The motion of the defendant to dismiss the proceeding…