Porter v. Marsteller

Motion to set aside office judgment, and file •certain pleas, in an action of debt for the pen-.-¡ilty of an injunction bond. All the pleas were admitted except the second, which was that the obligee was dead before the execution of the bond, and so the bond void. This .plea was refused, on the ground that the ob-ligor had received the full benefit of his injunction 'upon the bond, and ought not now to be permitted, ex gratia, to avoid it by such .a plea.