ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

obligor last summoned at the same term as against the obligors
first summoned, and in no case shall delay be occasioned by such
consolidation.

597

58. Where two or more actions on obligations conditioned for
the payment of any money, or two or more actions on the case aris-
ing 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.

Id n 8
1825. c 167, s 5
Where actions
consolidated,
but one action
to be taxed.

5. 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.

Id s 9
1825, c 167, s 6.
May levy exe-
cution on either
defendant

60. A judgment rendered against one or more members of a
partnership, 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 or persons not bound by such judgment;
and they shall remain liable to be sued as if their original responsi-
bility had been joint and several; provided, that but one satisfac-
tion of the debt or demand shall be made.

Id s 10
1839, c 14
Judgment
against one, not
to merge cause
of action
25 Md 36, 38
Md 343, 44 Md
319.

61. If any joint defendant in an action ex contractu dies either
before or after judgment, his executor and heirs shall lie hound in
the same manner as if a separate action had been pending, or a
separate judgment been rendered against such defendant.

Id R 11
1825, c 167
Where joint de-
fendant in ac-
tion ex contractu
dies

62. Any married woman may be sued jointly with her husband
in any of the courts of this State, or before any justice of the peace,
on any note, bill of exchange, single bill, bond, contract, or agree-
ment, which she may have executed jointly with her husband, and
may employ counsel and defend such action or suit separately or
jointly with her husband, and judgments recovered in such cases
shall be liens on the property of defendants, and may be collected
by execution or attachment in the same manner as if the defendants
were not husband and wife; provided, that in all cases where a mar-
ried woman has made such contract or agreement as a feme sole,
under section 23 of article LI of this Code she may be proceeded
against as therein provided.

PLEADING.

1872, c 270
Husband and
wife jointly
sued
38 Md 529,
43 Md. 569

6. 9. Whatever facts are necessary to constitute the ground of
action, defence, or reply, as the case may be, shall be stated in the
pleading and nothing more; and facts only shall be stated, and not
arguments, or inferences, or matter of law or of evidence, or of
which the court takes notice ex officio.

176, 268, 646, 28 Md 646, 29 Md 69, 30 Md 348, 88 Md 113, 39 Md 33.

Art 75, s 2.
1856, c 112, d 52
What necessary
to be stated in
pleadings.
11 Md 471, 21
Md 167, 399, 26
Md 380, 453, 27
Md 27, 43, 124,