
    GOWEN v. NOWELL.
    
      Practice. — In a hearing in chancery upon a penal bond, it is th e plaintiff's duty to shew how much is due in equity and good conscience.
    
      Emery, for the plaintiff
    
      Burleigh, for the defendant.
   In debt on a bond with condition, and judgment rendered for the whole penalty, the defendant prayed to be heard in chancery, and that execution might not issue for more than was due in equity and good conscience, pursuant to the Statute. And a question being made, whose duty it was to prove what was the amount equitably due, — the court, after some conversation, held the onus probandi to be on the plaintiff.  