ART. 50] CONSOLIDATION OF ACTIONS——NO MERGER. 1265

clerk may renew the writ against those upon whom it has not been
served, and upon service upon the other obligors and return thereof the
obligors may pray the court to consolidate the actions and the court
may so consolidate such actions that no delay shall be caused thereby,
but judgment shall be entered against the obligor last summoned at the
same term as against the obligors first summoned, and in no case shall
delay be occasioned by such consolidation.

This section has no application to actions ex delicto. Mitchell v. Smith,
4 Md. 406.

1904, art. 50, sec. 8. 1888. art. 50, sec. 8. I860, art. 49, sec. 8. 1825, ch. 167, sec. 5

8. Where two or more actions or obligations conditioned for the
payment of any money or two or more actions on the case arising ex
contractu by and between the same plaintiff and the same defendant
shall be brought at the same term, the court in which such actions are
pending shall, on motion of the defendant, order the said actions to be
consolidated and when consolidated shall direct the clerk to tax the
cost of but one action.

Where separate suits are brought by the same plaintiff against the same
defendant on two policies of fire insurance on adjoining properties destroyed
by the same fire, they may be consolidated under this section. Bakhaus v.
Caledonian Ins. Co., 112 Md. 695.

This section has no application to actions ex delicto. Mitchell v. Smith,
4 Md. 406.

This section has no application to suits before a justice of the peace.
Presstman v. Beach, 61 Md. 205.

Ibid. sec. 9. 1888, art. 50. sec. 9. 1860, art. 49, sec. 9. 1825. ch. 167, sec. 6.

9. Any plaintiff in a judgment rendered on a joint and several
bond, penal or single bill may levy the amount of said judgment upon
either of the defendants therein.

As to attachments against joint debtors, see art. 9, sec. 40.

Ibid. sec. 10. 1888, art. 50, sec. 10. 1860. art. 49, sec. 10. 1839, ch. 14.

10. A judgment rendered against one or more members of a part-
nership or one or more persons jointly liable on any bill, bond, cove-
nant, promissory note, bill of exchange, contract or agreement whatso-
ever less than the whole number of partners or persons so bound shall
not work an extinguishment or merger of the cause of action on which
such judgment may have been rendered as respects the liability of the
partners or persons not bound by such judgment; and they shall remain
liable to be sued as if their original responsibility had been joint and
several; provided that but one satisfaction of the debt or demand shall
be made.

This section changes the common law. It applies to actions on implied
contracts. If the judgment has been satisfied, that defense must be availed
of at the trial. The fact that a judgment by default was improperly
entered against another defendant, is irrelevant. Westheimer v. Craig, 76
Md. 407.

Where a covenant is joint or joint and several, it is no defense that
judgment has been entered against a co-covenantor, unless the judgment
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