936 ARTICLE 26.

authorizes the appearance of those interested, but makes no provision for the case
of suit brought in name of a dead person. Owings v. Owings, 3 G. & J. 3. See also
Gist v. Cockey, 7 H. & J. 138.

Land levied upon by a fi. fa. during a debtor's lifetime, may be sold after his
death. Jones v. Jones, 1 Bl. 443. See also Hanson v. Barnes, 3 G. & J. 359.

Requisites of a scire facias. Nesbitt v. Manro, 11 G. & J. 261.

Nature of the judgment obtained upon a scire facias. Mullikin v. Duvall, 7 G.
& J. 355.

For cases relative to act of 1823, ch. 194 (declaring that a fi. fa. might issue on all
judgments at any time within three years), see Miles v. Knott, 12 G. & J. 452;
Coombs v. Jordan, 3 Bl. 324.

A number of the acts comprising this section, discussed. Wright v. Ryland, 92
Md. 661 (dissenting opinion).

As to sales under execution, see art. 83, sec. 1, et seq. As to execution out of the
court of appeals, see art. 5, sec. 75, et seq.

As to attachments on judgments, see art, 9, sec. 29, et seq.

As to claimants of property taken in execution, see art. 9, sec. 47, et seq.

See art. 23, sec. 125. See notes to sec. 19 (art. 26).

An. Code, sec. 21. 1904, sec. 21. 1888, sec. 21. 1839, ch. 14.

21. A judgment rendered against one or more members of a partner-
ship, or one or more persons jointly liable on any bill, bond, covenant, prom-
issory note, bill of exchange, contract or agreement whatsoever, less than
the whole number of partners or persons so bound shall not work an extin-
guishment 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.

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 has been satisfied.
Cruzen v. McKaig, 57 Md. 461; Gott v. State, use of Barnard, 44 Md. 337; Thomas
v. Mohler, 25 Md. 45.

This section and sec. 14, recognize the right to recover judgment against one of
several obligors. Gott v. State, use of Barnard, 44 Md. 337.

This section apparently grew out of the decision in Moale v. Hollins, 11 G.
& J. 14.

This section is identical with art. 50, sec. 10—see notes thereto.

An. Code, sec. 22. 1904, sec. 22. 1888, sec. 22. 1888, ch. 474.

22. Every order of court, whether in an action, cause or matter, may be
enforced in the same manner and by the same writs as a judgment or decree
to the same effect.

An. Code, sec. 23. 1904, sec. 23. 1888, sec. 23. 1829, ch. 166, sec. 1. 1830, ch. 80.
1834, ch. 126. 1864, ch. 49.

23. Upon all judgments rendered at the second term after the defen-
dant has been summoned, the defendant shall be entitled to a stay of exe-
cution until the first Thursday of the ensuing term, with, the privilege of
superseding the same in the manner allowed by law at any time within
two months after the expiration of said stay and with the power of prose-
cuting an appeal or suing forth a writ of error, as authorized by law; this
section not to apply to judgments recovered in the courts of Baltimore
city.

This section applied. Goldsborough v. Green, 32 Md. 92.