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HOGAN v. MAXEY

45061.

121 Ga. App. 490 (1970)

174 S.E.2d 208

HOGAN v. MAXEY.

Court of Appeals of Georgia.

Decided March 5, 1970.

Rehearing Denied March 26, 1970.

Attorney(s) appearing for the Case

Lawson E. Thompson, for appellant.

John G. Wright, Walton Hardin, for appellee.

DEEN, Judge.

1. "Every action shall be prosecuted in the name of the real party in interest." Code Ann. § 81A-117. At the time this bail trover proceeding was filed against Maxey by Farmers Bank, Union Point, Ga., the bank held a note signed by Maxey on which Hogan was surety, and security in the form of a bill of sale to secure debt to property of Maxey which is the subject of this action. A few days prior to filing the suit, Hogan paid off the debt to...

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