862 JOINT OBLIGATIONS AND JOINT TENANCY. [ART. 50.

against the obligors first summoned, and in no case shall delay be
occasioned by such consolidation.

Mitchell v. Smith, 4 Md. 403 Presstman v. Beach, 61 Md. 205.

P. G. L., (1860,) art. 49, sec. 8. 1825, ch. 167, sec. 5.

8. Where two or more actions on obligations conditioned for
the payment of any money, or two or more actions on the case
arising 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.

Ibid.

Ibid. sec. 9. 1825, ch. 167, sec. 6.

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.

Ibid. sec. 10. 1839, ch. 14.

10. 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 ren-
dered, 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 responsibility had been joint and several; pro-
vided, that but one satisfaction of the debt or demand shall be
made.

Williams v. Hodgson, 2 H. & J. 474. Moale v. Hollins, 11 G. & J 11.
Davidson e Kelly, 1 Md. 500 Thomas v.Mohler, 25 Md 36. Loney v. Bailey,
43 Md 10 Gott e State, 44 Md. 319. Cruzen v. McKaig, 57 Md 461.

Ibid. sec. 11. 1825, ch. 167.

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