2204 ARTICLE 50

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 consoli-
dation...

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

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, see. 8. 1888, sec. 8. 1825, ch. 167, sec. 5.

8. Where two or more actions or obligations conditioned for the pay-
ment 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 same plaintiff against same defendant on two
policies of fire insurance on adjoining properties destroyed by 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.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, 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.

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1839, ch. 14.

10. A judgment rendered against one or more members of a partner-
ship or one or more persons jointly liable on any bill, bond, covenant,
promissory note, bill of exchange, contract or agreement whatsoever 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 of 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 common law. It applies to actions on implied contracts. If
judgment has been satisfied, that defense must be availed of at trial. Fact that
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 judgment has been satisfied. Cruzen
v. McKaig, 57 Md. 461; Gott v. State, 44 Md. 337; Thomas v. Mohler, 25 Md. 45.

This section does not alter rule that all joint defendants (partners) must be joined,
and omission so to do may be taken advantage of by plea in abatement, or in a
proper, case by demurrer. Object and effect of this section, discussed. Loney v. Bailey,
43 Md. 17. See also Merrick v. Bank of Metropolis, 8 Gill, 60.

This section recognizes 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.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1825, ch. 167.

11. If any joint defendant in an action ex contractu dies either before
or after judgment, his executor and heirs shall be bound in the same man-