J L. Lillard's Ex'r. v. Joseph Lillard's Ex'rs.

The variance produced by the omission of the name of one of the administrators of John McGee, dec’d. could alone have been taken advantage of by plea in abatement, or by demurrer in the nature of a plea in abatement, in the Court below, filed within the proper time. It is a dilatory defence, and cannot be taken advantage of by a motion in arrest of judgment.

The penalty of the bond sued on is joint, and a joint action may be maintained in the name of all the obligors on the same, though the condition may require different amounts to be paid to each. A several action might no doubt have been…