delivered the opinion of the court.

If the bond sued on in this action is anything more than an *656appeal bond, this action is not maintainable, because plaintiff has heretofore had a recovery on it by a judgment of this court for costs against the obligors, and it is not allowable “ to split up the various' covenants or promises contained in one contract, and to recover upon each separately.” Freem. on Judg., sec. 240.

Judgment affirmed.