By the Court,

No argument, we presume, is necessary to show that there must not only be an obligor and an obligee, but that the obligee ought to be the defendant in the suit. The bond is, in this case, made payable le Thomas B. Han, who is no party to the proceedings. We are clea ly of opinion, that the circuit court erred in overruling the motion o»' the defendant, to set aside the bond for costs, and dismiss the case.

Judgment reversed.