
    Thomas Bomar, Ordinary v. David Trail. Same v. John Williams.
    Columbia,
    May, 1830.
    In an action on an administration bond, brought in the name, of the ordinary, for the benefit of a distributee, the real plaintiff, and not the ordinary, is liable for costs; and if the real plaintiff be absent from the átate, he may be required to give security for the costs, or suffer nonsuit.
    Where an order has been made, that the plaintiff give security for costs, or be nonsuited, a succeeding Judge will not inquire into the truth of the facts, or the regularity of the notice, on which his predecessor acted, with a view to rescind the order. Cases of extreme hardship, or gross fraud, may form an exception, but they must be clearly made out. — vide .Richardson v. Whitfield, 2 M‘C. 148.
   .Pei’

Evans, J.

confirming the decision of Mr. Justice Huger, at Spartanburgh, Fall Term, 1829.

Colcock, J. and Johnson, J. concurred.  