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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 668   View pdf image (33K)
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«68 ARTICLE 50.

ARTICLE 50.

JOINT OBLIGATIONS AND JOINT TENANCY.

Joint Obligations.

12A. Judgment in actions ex delicto.

Interparty Agreements.

13A-13F. Uniform Interparty Agreement
Act as to conveyances, etc., made
to or by two or more persons, etc.

Joint Obligations.

1.

Will held to gratify requirements of this section so far as it applies. Will
leaving property in trust for children for life and upon death of last survivor
in fee to grandchildren construed. Marshall v. Security Storage Co., 155 Md.
652.

10.

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.

Art. 26, sec. 21. which was identical with this section, has been repealed.

12.

In action against two defendants, recovery may be against one. See art. 5,
sec. 26. Canton Co. v. Seal. 144 Md. 181.

The fact that evidence failed to show a joint liability in both defendants does
not prevent the plaintiff from recovering severally against one shown to be
liable. Houston v. Monumental Radio, 158 Md. 308.

1927, ch. 539.

12A. Where a judgment has been entered against two or more joint de-
fendants in an action ex delicto, said defendants shall be subject to contri-
bution between them. The judgment debtor or debtors paying such joint
judgment shall be entitled to receive from the judgment creditor or cred-
itors, in addition to any acquittance papers which such parties may mutu-
ally agree upon between themselves, an order to enter the plaintiff's judg-
ment to the use of the defendant or defendants so paying the same, setting
forth the date of such payment, the amounts so paid in satisfaction, and the
name or names of the judgment debtor or debtors so paying the same, and
upon the filing of such order of entry to use in the case in which said judg-
ment was obtained, said judgment shall be entered on the docket to the use
of the judgment debtor or debtors who shall have paid the same, against
the judgment debtor or debtors who have not contributed thereto, to the
extent of the pro rata share or shares of said non-contributing defendant
or defendants in said judgment debt, and to such extent said entry shall


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 668   View pdf image (33K)
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