Action upon Stay Bond — Distribution of Estate of Deceased Obligee — Collateral Attack. — In an action upon a stay bond, given upon appeal in an ejectment suit to several obligees, one oí whom had died, the distribution of the estate of the deceased obligee to plaintiffs cannot be collaterally attacked by the obligors, made defendants in the action.

Id.—Former Action Pending—Dismissal. — A plea of a former action pending for the same cause is not available, where the former action was regularly dismissed before the commencement of the second action.

Id.—Proof of Non-payment of Bond — Admission of Pleading.— The non-payment of the bond sued upon need not be proved, where it is alleged in the complaint and not denied in the answer.

Id. — Evidence Inadmissible under Pleadings — Occupation of Land by Defendant in Ejectment — Receiver. — Where the pleadings in the action upon the bond admitted the alleged occupation of the land by the defendant in the ejectment suit, and the alleged value thereof, evidence offered by the defendants to show the appointment of a receiver, and his possession of the land, is inadmissible under the pleadings.

Id. — Refusal of Amendment at Trial—Discretion—Absence of Writing and Verification. — The refusal of leave to the defendant to make a proposed amendment at the trial was within the discretion of the court; and that discretion was properly exercised, where the proposed amendment was objected to, not only as being too late, but also as not being in writing, and without verification of the facts.

Id.—Judgment in Ejectment—Prior Death of Co-plaintiff — Jurisdiction— Judgment and Bond upon Appeal not "Void. — The fact that one of the co-plaintiffs in the ejectment suit died prior to the judgment rendered therein did not deprive the court of jurisdiction, nor render the judgment absolutely void; nor did it vitiate a bond given upon appeal in his favor as one of the co-plaintiffs. His name as obligee represented his executors or distributees as the real parties in interest. The undertaking necessarily followed the judgment, and was valid, both as against the obligors, and in favor of the executors or distributees of the deceased obligor named therein.