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The Maryland Code, Public General Laws, 1888
Volume 389, Page 861   View pdf image
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ART. 50.] JOINT OBLIGATIONS AND JOINT TENANCY. 861

P. G. L., (1860,) art. 49, sec. 3. 1825, ch. 167, sec. 2.

3. If a joint obligor be dead when the suit is brought his rep-
resentative may be sued.

Ibid. sec. 4. 1825, ch. 167, sec. 3.

4. If either of the obligors, against whom a joint action shall,
be brought, shall die pending the same, the plaintiff may suggest
such death, and the court shall cause the suggestion to be entered
of record, and shall direct the clerk to docket an action as of the
same term in which the suggestion is entered, in the name of the
plaintiff against the obligor so dying; and in such action the
same proceedings shall be had to make the executor or adminis-
trator of the deceased obligor a party thereto as if the original
action had been brought separately against all the obligors.

Ibid. sec. 5. 1825, ch. 167, sec. 4.

5. If any of the obligors against whom a joint action is
brought, and judgment obtained thereon, shall die after judg-
ment, the plaintiff may issue a scire facias on said judgment
against the executors or administrators of the deceased defendant,
and such judgment shall be had on the said scire facias as if the
judgment had been rendered in a separate action.

Ibid. sec. 6 1825, ch. 167, sec. 7.

6. If the obligors in any bond, penal or single bill, reside in
different counties, they may be sued in the counties in which they
respectively reside; but all residing in the same county shall be
eued in one action.

Ibid. sec. 7. 1825, ch. 167, sec. 8.

7. When any writ against joint and several obligors shall be
returned summoned as to one or more, and non est as to the
others, the clerk may 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 consoli-
date 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

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 861   View pdf image
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