WHERE process issued, in favor of Moses Sheldon, of Rupert, and Judgment thereon, and execution prayed outin favor *37of Moses Sheldon, of Fairhaven, (it appearing from the pleadings there was such a person as Moses Sheldon, of Rupert,) a Jail bond, executed in consequence of commitment on such execution, is void. This was a case, where the execution on the Jail bond was in favor of Moses Sheldon, of Fairhaven.