Stauffer v. Garrison

Citations

• 61 Miss. 67

Syllabus

<p>1. Sequestration Bond. Action. Parties. In suing on a sequestration bond, all the obligees should be joined, or their non-joinder legally accounted for, but a failure in this respect is not available to the defendant at the trial unless he files a written notice with his plea. Code 1880, ¿1511.</p> <p>2. Same. Variance. Amendment. Neglect to join all the obligees results in no variance if the bond offered in evidence is properly described in the declaration, and if this objection is entertained by the court, it does right in allowing the omitted parties to be made plaintiffs.</p> <p>8. Same. Pendency of another suit. A plea that another action for the same cause is pending, in the name of one of the obligees made a party by the amendment, is fatally defective unless it alleges that the other is a prior action.</p> <p>4. Same. Liability of sureties. Damages. Sequestration bonds secure damages resulting from the wrongful seizure of the property, but not attorney’s fees and other expenses incident to the chancery case in which the writ is obtained.</p>