Neratius, Parchments, Book IV. One action is said to prejudge another, with reference to a larger sum of money, when a question arises in court which is connected either wholly, or in part, with a suit involving a larger amount of property.

Neratius, Parchments, Book IV. Where an agent brings an action, an exception based on his bad faith should not be interposed against him, because the suit is that of another, and he is a stranger to it, and the bad faith of one person should not injure another. If he commits a fraudulent act after issue has been joined, it may be doubted whether an exception on this ground can be pleaded; because, by the trial of the case, it becomes that of the agent, and he conducts it, to some extent, in his own name. It has been decided that an exception can be pleaded on account of fraud committed by the agent. The same rule will apply to the case of a guardian who brings an action in the name of his ward. 1In general, however, the following rule should be observed in matters of this kind, that is to say, that fraud should always be punished, even if it will not injure anyone but the person who committed it.

Neratius, Parchments, Book IV. When security is furnished to a ward for the preservation of his property, the stipulation will become operative if anything which should be given or done on account of the guardianship is not executed. For although the property itself may be secure, it is not so where something which should be paid or done on account of the guardianship is not carried into effect.