§ 23. Order granting leave; action thereupon. Upon such an
application, the court must grant an order, permitting the applicant to
maintain an action upon the bond or undertaking. The action must be
brought, in the court which granted the order, by the applicant as
plaintiff; and it may be maintained, as if the applicant was the obligee
named in the bond or undertaking, except as otherwise expressly
prescribed in this article.