JOINT OBLIGATIONS AND JOINT TENANCY 2205

ner as if a separate action had been pending or a separate judgment been
rendered against such defendant.
See secs. 4 and 5.

An. Code, 1924, sec. 12. 1912, see. 12. 1904, sec. 12. 1888, sec. 12. 1888, ch. 482,

12. In suits brought against alleged joint debtors in actions ex contractu
it shall not be necessary for the plaintiff to prove their joint liability as
alleged in order to maintain his action; but he shall be entitled to recover
as in actions ex delicto against such one or more of the defendants as shall
be shown by the evidence to be indebted to him; and judgment shall be
entered in his favor against such one or more of said defendants as fully
as if the defendant or defendants against whom he shall fail to establish
his claim had not been joined in the suit.

When plaintiff's claim is established against only one of the two. or more joint
defendants, the verdict and judgment should be for plaintiff as against the one. de-
fendant and for the other defendants. Horner v. Plumley, 97 Md. 281. See also Boyd
v. Wolff, 88 Md. 342.

Prior to adoption of this section in a suit against husband and wife under act of 1872,
ch. 270, although wife maintained her defense, judgment might be entered against
husband. Wilmer v. Gaither, 68 Md. 349.

This section applied. Meyer v. Frenkil, 113 Md. 46; Westheimer v. Craig, 76 Md.
407.

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.

Cited in Thompson v. Sun Cab Co., 170 Md. 303.

1927, ch. 539.

13. 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
constitute a lien against the property of such non-contributing defendant
or defendants, upon which the defendant or defendants who shall have paid
said judgment may issue execution or attachment as the case may be.

The fact that defendant in automobile collision case might have right of contribution
did not entitle to have insurer of one of other defendants made a third-party defendant
in case in absence of any relationship between first defendant and insurer. Tullgren v.
Jasper, 27 F. Supp. 413.

This section construed in connection with art. 5, sec. 26. See notes thereto. Cumber-
land, etc., Transit Co. v. Metz, 158 Md. 456.

Where person injured in collision between taxicab in which she was riding and a
truck, receives satisfaction from one tort-feasor, the taxicab, and releases it from
liability, she cannot subsequently recover from owner of truck on account of same
injury. Lanasa v. Begg, 159 Md. 311.

See art. 75, sec. 94, and art. 26, sec. 15.

Cited in Tullgren v. Jasper et al., (Judge Chesnut, U. S. Dist. Ct. of Md.), Daily
Record, May 10, 1939.