1264 JOINT OBLIGATIONS AND JOINT TENANCY. [AET. 50

This section has no application to actions em delicto. Mltchell v. Smith.
4 Md. 406.

This section has no. application to an action on a covenant Cruzer v.
McKaig. 57 Md. 461.

See sec. 6.

1904, art 50, sec. 3. 1888, art. 50, sec. 3. 1860, art 49, sec. 3. 1825, ch. 167, sec. 2.

3. If a joint obligor be dead when the suit is brought his represen-
tative may be sued.

Ibid. sec. 4. 1888, art. 50, sec. 4. 1860, art 49, sec. 4. 1825, ch. 167, sec. 3.

4. If either of the obligors against whom a joint action shall be
brought shall die pending the same, the plaintiff may suggest such death
and the court shall cause the suggestion to be entered of record and shall
direct the clerk to docket an action as of the same term in which the
suggestion is entered in the name of the plaintiff against the obligor so
dying; and in such action the same proceedings shall be had to make
the executor or administrator of the deceased obligor a party thereto as
if the original action had been brought separately against all the
obligors.

In an action against two defendants on a Joint obligation, if one of
them dies, it is error to make the administrator of the deceased obligor a
co-defendant in the same action; and a Judgment rendered against the
surviving obligor and such administrator will be stricken out. Wolfe v.
Murray, 96 Md. 738.

Object of this section. The creditor may sue both the survivor and the
representative, but if there are more than one survivor living in the same
county, both must be Joined in one suit. Blizzard v. Jacobs, 3 G. & J. 67.

See sec. 11.

[bid. sec. 5. 1888. art. 50, sec. 5. 1860, art 49, sec. 5. 1825, ch. 167, sec. 4.

5. If any of the obligors against whom a joint action is brought
and judgment obtained thereon shall die after judgment, the plaintiff
may issue a scire facias on said judgment against the executors or
administrators of the deceased defendant and such judgment shall be
had on the said scire facias as if the judgment had been rendered in a
separate action.
See sec. 11.

Ibid. sec. 6. 1888, art. 50, sec. 6. 1860, art. 49, sec. 6. 1825. ch. 167, sec. 7.

6. If the obligors in any bond, penal or single bill reside in different

counties they may be sued in the counties in which they respectively

reside, but all residing in the same county shall be sued in one action.

Where obligors live in different counties, the creditor may sue in both

or either. He is restricted, however, to one suit in each county. Blizzard

v. Jacobs, 3 G. & J. 72.

In a case under this section the declaration must explain the non-Joinder
of the obligor living in another county. Annapolis, etc., Institution v. Ban-
non, 68 Md. 461. See also, Kent v. Holliday, 17 Md. 393.
See sec. 2.

Ibid. sec. 7. 1888 art. 50, sec. 7. 1860, art. 49, sec. 7. 1825, ch. 167, sec. 8.

7. When any writ against joint and several obligors shall be
returned summoned as to one or more and non est as to the others the