1356 JOINT OBLIGATIONS AND JOINT TENANCY. [ART. 50

1888, art. 50, sec. 4. 1860, art. 49, 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 sug-
gest 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 administrator of the deceased obligor a party thereto as if
the original action had been brought separately against all the
obligors.

Ibid. sec. 5. 1860, art. 49, 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 defend-
ant 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. 1860, art. 49, 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 sued in one action.
Annapolis Sayings Institution v. Bannon, 68 Md. 458.

Ibid sec. 7. 1860, art. 49, 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
consolidate 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 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

Ibid. sec. 8. 1860, art 49, sec. 8. 1825, ch. 167, sec. 5.

8. Where two or more actions or 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