
    JAMES C. JONES, Governor, etc., v. MARTIN HENDERSON. Sheriff, and his Sureties.
    Knoxville,
    September Term, 1850.
   MOTION. Omission of name. Judgment valid.

This ease is reported in Thompson’s Cases, pages 53-55, as an oral opinion, and it is stated .that the court decided that where, in a motion ag-ainst a sheriff and his sureties, the name of one of the sheriff’s sureties is by inadvertence omitted, but judgment is properly rendered against all the sureties, the judgment is valid. [This decision must have been put upon the ground that service of notice in a State case, or service of notice when made by the attorney-general in a State case, is the commencement of the suit, instead of the motion being the commencement of the suit, as in ordinary suits. (See note 2 under section 5352 of the Code). The judgment on motion must be against all the living sureties, or it will be void. [See Code, sec. 5347, and note, and sec. 5348, and note 5.]  