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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1882   View pdf image (33K)
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1882 ARTICLE 50.

The object of act of 1825, ch. 167, is to prevent, costs. Where one of defendants

is dead, separate actions may be brought against survivor and representative of de-

ceased. Nor does this section prevent only one of obligors being sued, although all

obligors are alive and reside in same county. In such case, however, plaintiff will be

non-suited if he brings a second suit. (See sec. 3.) Blizzard v. Jacobs, 3 G. & J. 70.

Where declaration shows that there is a co-obligor, the non-joinder must be

accounted for, or declaration is bad. Kent v. Holliday, 17 Md. 393; State v. Wheeler,

14 Md. 109; Merrick v. Bank of Metropolis, 8 Gill, 60. See also Annapolis, etc.,

Institution v. Bannon, 68 Md. 461.

This section has no application to actions ex delicto. Mitchell v. Smith, 4 Md. 406.
This section has no application to an action on a covenant. Cruzer v. McKaig,
57 Md. 461.
See sec. 6.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1825, ch. 167, sec. 2.

3. If a joint obligor be dead when the suit is brought his representative
may be sued.

An. Code, sec. 4. 1904, sec. 4. 1888, 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 suggest 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.

In an action against two defendants on a joint obligation, if one of them dies,
it is error to make administrator of deceased obligor a co-defendant in the same
action; and a judgment rendered against surviving obligor and such administrator
will be stricken out. Wolfe v. Murray, 96 Md. 738.

Object of this section. The creditor may sue both survivor and the representative,
but if there are more than one survivor living in same county, both must be joined
in one suit. Blizzard v. Jacobs, 3 G. & J. 67.

See sec. 11.

An. Code, sec. 5. 1904, sec. 5. 1888, 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 judgment, the plaintiff may
issue a scire facias on said judgment against the executors or administra-
tors of the deceased defendant and such judgment shall be had on the said
scire facias as if the judgment had been rendered in a separate action.
See sec. 11.

An. Code, sec. 6. 1904, sec. 6. 1888, 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.

Where obligors live in different counties, creditor may sue in both or either.
He is restricted, however, to one suit in each county. Blizzard v. Jacobs, 3 G. & J. 72.
In a case under this section declaration must explain non-joinder of obligor
living in another county. Annapolis, etc., Institution v. Bannon, 68 Md. 461. See also
Kent v. Holliday, 17 Md. 393.

See sec. 2.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1882   View pdf image (33K)
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