1120 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75-

P. G. L., (1860,) art. 75, sec. 26. 1856, ch. 112, sec. 27.

37. 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.

Smith v. Crichton, 33 Md. 103. Wright v. Gilbert, 51 Md. 147.

Ibid. sec. 27. 1856, ch. 112, sec. 30.

38. 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.

Fendergast v. Reed, 29 Md. 398. Bowie v. Neal, 41 Md. 124. Halley v.
Jackson, 48 Md. 254. Herzberg v. Sachse, 60 Md. 426.

Ibid. sec. 28. 1856, ch 112, secs. 26-30.

39. Amendments for misjoinder or non-joinder of either plain-
tiffs or defendants may be made at any time before the jury re-
tire to make up their verdict, or before judgment given on de-
murrer, or other trials before the court, as the case may be; and
the court may grant such continuances, and may award such costs
against the party making the amendment as may be deemed just
and reasonable.

Pendergost v. Reed, 29 Md. 398. Smith v. Crichton, 33 Md. 103. Herzberg-
v. Sachse, 60 Md. 426.

Ibid. sec. 29...1856, ch. 112, secs. 26-30.

40. 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.

Wright v. Gilbert, 51 Md. 154. B. & O. R. R. Co. v. State, 62 Md. 487.

Ibid. sec. 30. 1785, ch. 80, sec. 1.

41. Where an heir at law or devisee has been omitted as a.
defendant, the plaintiff may amend by making such heir or
devisee a party, and such proceedings shall be had as will pro-
duce a fair trial.