ART. 50] EXECUTION—NO MERGER—JOINT LIABILITY. 1357

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.

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

1888, art. 50, sec. 9. 1860, art. 49, sec. 9. 1825, ch. 167, sec. 6.
91 Any plaintiff in a judgment rendered on a joint and several
bond, penal or single bill may levy the amount of said judg-
ment upon either of the defendants therein.

Ibid, sec 10. 10I860, art. 49, 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 rendered 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 responsibilty had been
joint and several; provided 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 v. Kelly, 1 Md 500. Thomas v. Mohler, 25 Md. 36. Loney v.
Bailey, 43 Md. 10. Gott v. State, 44 Md. 319. Cruzen v. McKaig, 57 Md.
461 Westheimer v. Craig, 76 Md. 399

Ibid. sec. 11. 1860, art. 49, 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.

Ibid. sec. 12. 1688, ch 482.

12. In suits brought against alleged joint debtors in actions
ex contractu it shall not be necessary for the plaintiff to prove
their joint liability as alleged in order to maintain his action;
but he shall be entitled to recover as in actions ex delicto
against such one or more of the defendants as shall be shown
by the evidence to be indebted to him; and judgment shall be
entered in his favor against such one or more of said defend-
ants as fully as if the defendant or defendants against whom he