778 - Prosecution of undertaking by person aggrieved.

§  778.  Prosecution  of  undertaking  by  person aggrieved. The order  directing the undertaking to be prosecuted, may, in  the  discretion  of  the  court,  direct  the  prosecution thereof, by and in the name of any  party aggrieved by the misconduct of the accused. In such  a  case,  the  plaintiff  may  recover  damages,  to  the  extent of the loss or injury  sustained by him, by reason of the misconduct, together with  the  costs  and  expenses of prosecuting the special proceeding in which the warrant  was issued; not exceeding the sum specified in the undertaking.