
    Brown vs. Wylie & Company.
    Where, on a money rule against the sheriff for the distribution of funds in his hands amongst executions against a defendant infi. fa., the court orders payment to some to the exclusion of others, the sheriff is a necessary party defendant to a bill of exceptions filed to such judgment. Bird, admix, vs. Ea/rris, ex'r, 63 Qa., 433.
    Parties. Practice in the Supreme Court. September Term, 1879.
    Kennedy, sheriff of Bartow county, under order, brought into court $140.18, the proceeds of property of Daniels, defendant vnfi.fa., for distribution. Brown and Wylie & Co. claimed the fund, the former under a mortgage fi.fa., and the latter under justice court executions, The court gave precedence to the latter, and Brown excepted. The bill of exceptions was, served only on Wylie & Co. When the case was called in this court, a motion'was made to dismiss the writ of error because the sheriff, Kennedy, was a necessary party and had not been served. The motion was sustained, as indicated in the head-note.
    G. H. Bates; Julius L. Brown, for plaintiff in error.
    Akin’& Akin, for defendants.
     