
    *Meze v. Howver.
    October, 1829.
    (Absent GHimmn, J.)
    Executions — Assignment — Forthcoming Bond Taken in Favor ot Assignee — VaSidity.—A Ü. fa. i.s sued out by M. &M. on judgment recovered by them: they indorse on tne writ, that it is for benelit of H. ; the sheriff levies it. and takes forthcoming bond payable to H.: Hionu, the bond is naught.
    Mays & M’Clung recovered judgment against Meze, in the circuit court of Green-brier, and thereupon sued out a fieri facias, on which they indorsed, that the judgment and execution were for the benefit of Howver. The sheriff levied the execution on' the defendant’s property, and took a forthcoming bond from him, payable, not to the plaintiffs Mays & M’Clung, but to Howver. The bond was forfeited: and Howver moved the circuit court, in his own name, for judgment and award of execution upon it; and the court awarded execution accordingly. Meze applied to this court for a supersedeas, which was allowed.
    Daniel, for the plaintiff in error.
    The bond is naught. The statute requiring forthcoming bonds to be taken payable to the creditor, intends, that they shall be made payable to the plaintiff on the record ; 1 Rev. Code, ch. 1'34, g 1, 15, 16, p. 524, 530. The bond must pursue the judgment and execution, otherwise it has no foundation to support it: it is, in truth, a part of the process of execution.-
    No counsel for the defendant in error.
    
      
      Executions — Assignment— Right ol Assignee to Sue in His Own Name. — On this question, see. foot-note to Tolson v. Elwes, 1 Leigh 436. The principal case is cited in Burnett v. Harwell, 3 Leigh 92; Leightons v. Hinchman, 1 Gratt. 157, and note: Hall v. Wadsworth. 35 W. Va. 379, 14 S. E. Rep. 6.
    
   PER CURIAM.

The statute first pro-

vides, that all persons who recover judgment in any court of record, may, at their election, prosecute writs of fieri facias &c. and then, that if the owner of the- goods (taken on a fi. fa.) shall give sufficient security to the sheriff to have the goods forthcoming at the day of sale, it shall be lawful for the sheriff to take a bond from the debtor and sureties, payable to the creditor, reciting &c. The creditor to whom the bond is to be made *payable, is the person entitled to sue out the execution.; the plaintiff on the record. No other person can be known to the officer, or to the court itself, as the creditor. To no other person, then, can the bond be taken. In Downman v. Chinn, 2 Wash. 189, a forthcoming bond made payable to the sheriff, was given up, on all hands, as faulty. The judgment of the circuit court must be reversed, and the forthcoming bond quashed.  