Strobhar v. Jesse French Piano & Organ Co.

Citations

• 48 Fla. 158

Syllabus

<p>1. Section 1200 of the Revised Statutes of 1892, provides that in claim proceedings “the court shall enter judgment, deciding the right of property, and if the verdict is for plaintiff, awarding a recovery by the plaintiff from the defendant and his sureties,” and section 1177 of said Revised Statutes gives to sureties on any bond certain rights against their principal. The “plaintiff” referred to in section 1200 is the plaintiff in execution, and “the defendant and his sureties” there referred to are the claimant in the claim proceeding and principal in the claim bond, and the sureties who sign the claim bond.</p> <p>2. Where a claim is made by J. N. S. as agent and next friend for M. C. S., and the claim bond is executed by J. N. S. as agent and next friend for M. C. S., and by J. F. B. and W. R. T. and the statute directs that in case of a verdict for plaintiff “the court shall enter judgment, * * * awarding a recovery by the plaintiff from the defendant and his sureties” J. N. S. as agent and next friend for M. C. S. and J. F. B. and W. R. T. are “the defendant and his sureties” against whom “the court shall enter judgment, * * * awarding a recovery,” and a judgment entered against J. F. B. and W. R. T. is erroneous.</p>