T. WATKINS LIGON, ESQUIRE, GOVERNOR

147

32. In all cases after such plea in abatement and
amendment, if it shall appear upon the trial of the
action that the person or persons, so named in such
plea in abatement, was or were jointly liable with
the original defendant or defendants, and resided
in the county or city where the action is brought, the
original defendant or defendants shall be entitled as
against the plaintiff to the costs of such plea in
abatement and amendment: but if at such trial it
shall appear that the original defendant or any of the
original defendants is or are liable, but thai one or
more of the persons named in such plea in abate-
ment is or are not liable as a contracting party or
parties, or does or do not reside in the county or
city where the action is brought, the plaintiff shall
nevertheless be entitled to judgment against the
other defendant or defendants who shall appear to
be liable; and every defendant who is not so liable
shall have judgment, and shall be entitled to his
costs as against the plaintiff, who shall be allowed
the same, together with the cost of the plea in abate-
ment and amendment, as costs in the case against
the original defendant or defendants who shall hare
so pleaded in abatement the non-joinder of such
person: provided that any such defendant who
shall have so pleaded in abatement shall be at liber-
ty on the trial to adduce evidence of the liability of
the defendants named by him in such plea in abate-
ment, and of their residence in the county or city
where the action is brought.

CHAPTER 1ST.

TITLE THIRD.

JOINDER OF CAUSES OF ACTION.

Judgment.

33. Causes of action of whatever kind, provided
they be by and against the same parties, and in the
same rights, may be joined in the same suit; but
this shall not extend to replevin or ejectment: but
the court shall have power to prevent the trial of
different causes of action together, if in the opin-
ion of the court, such trial would be inexpedient ;
and in such case, the court may, when the case
comes up for trial, or before, direct separate cases to
be docketed, and separate trials to be had, in their
order of priority, either immediately or at such
time or times as the court shall deem most equitable
and just.

May be joined
in same suit.