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LAWS OF MARYLAND.
CHAPTER 167.
An act to prevent the unnecessary accumulation of Costs in civil suits. |
145
Dec. Ses. 1825.
Passed March
4, 1826. |
Sec. 1. Be it enacted by the General Assembly
of Maryland, That
from and after the first day of May next, it shall not be lawful
to institute more than one suit on a joint and several bond, penal
or single bill, where the persons executing the same are alive,
and reside in the same county; and that if more than one suit be
instituted on any such bond, penal or single bill, judgment of
non pross. shall be entered against the plaintiff or plaintiffs on
such suits. |
More than
one suit on
one instrument
prohibited—
penalty. |
2. And be it enacted, That if either
of the said obligors shall
be dead, than and in that case, it shall be the duty of such clerk
to docket one action against the surviving obligor or obligors,
and if requested so to do by the plaintiff or plaintiffs, or by his,
her or their attorney, it shall be the duty of such clerk, to docket
also an action against the executors or administrators of such
deceased obligor, and to issue a summons against the executors
or administrators of such obligor, and the same proceedings
shall be had and the same judgment entered thereon, as if seperate
actions had been brought against each and every obligor,
in such joint and several bond, penal or single bill. |
Case of one
obligor being
dead. |
3. And be it enacted, That if either
of the said obligors
against whom a joint action shall have been brought, shall
die, pending the same, then and in that case, it shall and
may be lawful for the plaintiff or plaintiffs, to suggest such
death, and it shall be the duty of the court to cause such
suggestion to be entered of record, and to cause the clerk of the
court to docket an action, as of the same term in which the
suggestion aforesaid, shall be entered of record as aforesaid,
in the name of the plaintiff or plaintiffs in the said action,
against such obligor so dying as aforesaid, and in the action
so docketed, such and similar proceedings shall be had to
make the executors or administrators of the obligor so dying,
parties to the action so docketed as aforesaid, and the same
judgment shall be had thereon against such executor or administrator
as if the original action had been brought seperately
against all such obligors. |
An obligor
dying pending
a suit. |
4. And be it enacted, That if any of
the obligors, against
whom a joint action shall have been brought and judgment
obtained thereon, under the provisions of this act, shall die after
the rendition of such judgment, and before the said judgment
shall have been paid or satisfied, it shall and may be
lawful for the plaintiff or plaintiffs, his, her or their executors
or administrators to cause a scire facias to issue on the
said judgment, so remaining unsatisfied, against the executors
or administrator of such defendant so dying, and such judgment
shall be had on the said scire facias, as if the said
judgment upon which the said scire facias shall have issued,
had been rendered up against such defendant so dying, upon |
An obligor
dying after
judgment &
before payment. |
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