1. Limitation on Motion Against Defaulting Bidder at Sheriff's Sale. — May 3, 1892, in Galveston, a sheriff's sale took place, and defendant bid at said sale the sum of $750 for the property offered, and it was struck off to him. He refused to comply with his bid, and the property was again sold, on June 7, 1892, for $50. Motion against the defaulting bidder was filed by the plaintiff in execution, June 7, 1893, after two terms of the District Court of Galveston County had intervened. Held, Plaintiff's right to proceed under the statute (Revised Statutes, article 2325) was not barred by the lapse of time.
2. Name of Plaintiff — Misnomer. — All the proceedings show that the motion was made in the case of Schneider Bros. v. Giozza, and although the complaint purports to have been made by Geo. Schneider Co., a firm composed of Chas. Schneider, the judgment in favor of Schneider Bros. was rendered in favor of the right parties.
GARRETT, CHIEF JUSTICE.
The judgment of the court below in this case will be affirmed.
1. Plaintiff's right to proceed under the statute was not barred by lapse of time.
2. All the proceedings show that the motion or complaint was made in the case of Schneider Bros. v. Giozza, and although the complaint purports to have been made by George Schneider Co., a firm composed of Charles Schneider, the judgment was rendered in favor of the right parties. The name of plaintiffs given in the motion will be treated as a misnomer. 1 Black on Judg., sec. 213; Kronski v. Railway, 77 Mo., 369.
Affirmed.