ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

611

8 7. No writ or action shall abate or be discontinued because of
the misnomer of any defendant named therein; but the court, on
suggestion supported by the affidavit of the plaintiff, or other proof
to the satisfaction of the court, that the party summoned in virtue
of said writ or action is in fact the party intended to be sued by
such writ or in such action, may at any time before judgment direct

Id s 25
1828, c 199,
1845, c 54,
1846, c 6, 324,
328
No abatement
for misnomer of
defendant
26 Md 446,
44 Md 410

the writ or any of the proceedings to be amended by inserting
therein the true name of any defendant, at the discretion of the

Amendment.

court. This section to apply to foreign attachments, cases against

Attachments.

corporations, and all other suits and actions.
88. If there be a non-joinder or misjoinder of plaintiffs, the court
may allow an amendment by which a plaintiff may be added or
stricken out, as the case may require
80. If there be a misjoinder or non-joinder of defendants, the
court may allow a defendant to be stricken out or added, as the
case may require; but, if a new defendant be added, he shall be
summoned and have the same time to plead as if a new action were
brought against him.

Id s 26
1856, c 112, 8 27
Non-joinder or
misjoinder of
plaintiffs
2. 1 Md 58,
33 Md 103

Id s 27
1856, ' c 112, s 30
Same of defend-
ants
22 Md 259, 29
Md 398, 30 Md
463, 41 Md 124.

90. Amendments for misjoinder or non-joinder of either plaintiff
or defendants may be made at any time before the jury retire to
make up their verdict, or before judgment given on demurrer, as
the case may be, and the court may grant such continuances, and

Id s 28
1856, c 112, ss.
26, 30
Amendments
for misjoinder
or non-joinder.

may award such costs against the party making the amendment as
may be deemed just and reasonable.

Costs.
20 Md 398,
33 Md 103,

91. In amendments for non-joinder or misjoinder, entire new
parties, either plaintiffs or defendants, cannot be introduced, but
some one of the original plaintiffs and some one of the original
defendants must remain parties to the action; and in no case of
amendment can entire new parties, either plaintiffs or defendants,
be made.

Id s 29
1856, c 112, ss
26, 30
Entire new
parties not to be
made

92, When an heir-at-law or devisee has been omitted as a de-
fendant, the plaintiff may amend by making such heir or devisee a
party, and such proceedings shall be had as will produce a fair trial.
93. Nothing in the preceding sections of this article, relating to
amendments, shall affect any plea of limitations, in abatement, to
the jurisdiction or other dilatory plea.
94. Where an amendment is allowed after the jury is sworn, and
the court shall consider a continuance necessary to a fair trial of the
cause, a juror shall be withdrawn; but, if the court considers that
a continuance is not necessary to a fair administration of justice,

, Id s 30
1785, c 80, s 1
, Heir or devisee
omitted may bo
joined
, Id s 31
' 1852, c 177, s 11.
. What pleas not
amendable
28 Md 495
43 Md. 246.

Id s 32
, 1785, c 80. s 4,
' 1809, c 153, s 1.
; Continuance
after amend-
ment

the jury may proceed and try the case after the amendment.
95. In all cases of amendment, the allowance of costs shall be
in the discretion of the court.

CONTINUANCE.

96. No cause shall be continued beyond the second term after
process has been served on the defendant, unless by consent of par
ties, or upon good cause shown by the party asking the continuance

Id s 33
1785, c 80, s 4,
1809, c 153, s 1
Costs in dis-
cretion of court.
42 Md 1.
Art 75, s 34
1787, c 9, s 1;
1806, c 41, s 1,
1829, c 166,
1844, c 5, 19
- How long cause
may be con-
tinued.