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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 850   View pdf image (33K)
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850

LAWS OF MARYLAND.— 1825.

 

pending the same, then and in that case, it shall and may be
lawful for the plaintiff or plaintiffs, to suggest such death, and
it shall be the duty of the court to cause such suggestion to
be entered of record, and to cause the clerk of the court to
docket an action, as of the same term in which the suggestion
aforesaid, shall be entered of record as aforesaid, in the name
of the plaintiff or plaintiffs in the said action, against such
obligor so dying as aforesaid, and in the action so docketed*
such and similar proceedings shall be had to make the execu-
tors or administrators of the obligor so dying, parties to the
action so docketed as aforesaid, and the same judgment shall
be had thereon against such executor or administrator as if the
original action had been brought separately against all such
obligors.

An obligor
dying after
judgment
ana before
payment.

SEC. 4. And be it enacted, That if any of the obligors, against
whom a joint action shall have been brought and judgment
obtained thereon, under the provisions of this act, shall die
after the vendition of such judgment, and before the said judg-
ment shall have been paid or satisfied, it shall and may be
lawful for the plaintiff or plaintiffs, his, her or their executors
or administrators to cause a scire facias to issue on the said
judgment, so remaining unsatisfied against the executors or
administrators of such defendant so dying, and such judgment
shall be had on the said scire facias, as if the said judgment
upon which the said scire facias shall have issued, had been
rendered up against such defendant so dying, upon separate
actions brought against him, and the other co-obligors, in such
joint and several bond, penal or single bill.

Actions
may be con-
solidated.

SEC. 5. And be it enacted, That in all cases where two or
more actions of debt or obligations, conditioned for the payment
of money, or two or more actions on the case arising ex-con-
tracto, by and between the same plaintiff or plaintiffs, and the
same defendant or defendants shall hereafter be brought at one
and the same term, the court in which the said actions are
pending, shall on motion of the defendant or defendants order
the said actions to be consolidated, and when the said actions
shall be consolidated, the court shall order and direct the clerk
to tax the costs of but one action.

Defendants
not exempt
from levy.

SEC. 6. And be it enacted, That nothing contained in this
act shall be construed to prevent any plaintiff or plaintiffs in any
judgment rendered on any joint and several bond, penal or
single bill, from levying the amount of said judgment upon
either of the co-defendants to said judgment.

Obligors
residing in
different
counties. .

SEC. 7. And be it enacted, That in case the obligors in any
bond, penal or single bill, shall reside in different counties,
then and in that case it may be lawful for the clerk of the county
court to docket one action and to issue one wril of capias ad

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 850   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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