...44. [Parties severally liable.] — Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action, at the option of the plaintiff. SEC. 45. [Action not to abate by disability.]— An action does not abate by the death, marriage or...

...parties to bills of exchange and promissory notes, and sureties on the same or separate instruments may all or any of them be included in the same action, at the option of the plaintiff. 9. An action shall not abate, by the death or other disability of a party, or by a transfer of any...

...Code, which declares that persons severally liable upon the same obligation or instrument, including parties to bills of exchange and promissory notes,...in the same action at the option of the plaintiff. It has been held under this section that, though the several parties to a bill or note may be sued...

...section of that act it is provided that ' persons severally liable on the same obligation or instrument may all or any of them be included in the same action at the option of the plaintiff.' And the 371st section allows a several judgment to be given against any one of the defendto and independently...

...bills and notes, tt-c. CCP, s. 63. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action at the option of the plaintiff. Joint Contracts. — Section 84 of chapter 31 of the Revised Code is repealed, except as to those cases...

...many of the states, that "persons severally liable upon the same obligation or instrument, including parties to bills of exchange and promissory notes,...in the same action at the option of the plaintiff." He says with reference thereto : "In the third place, there is no limit to the kind of contract froin.which...

...FEES. 1. On general principles, as well as under Code Civ. Proc. § :$8o, providing that parties to promissory notes "may all or any of them be included...in the same action at the option of the plaintiff," the indorsers of a promissory note, secured by a mortgage on real estate, may be joined as codefendants...

...parties to bills of exchange and promissory notes, and sureties on ike same or separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff." A similar provision is found in the California statute. In Now York the •words in italics are omitted,...

...prejudicial to the adverse party, and in view of section 2918, providing that persons severally liable may, all or any of them, be included in the same action at the option of plaintiff, in an action on a judgment, wherein the complaint alleged that the judgment was rendered...

...providing that "all persons jointly or severally liable upon the same obligation or instrument, * * * may all or any of them be included in the same action," is confined to contracts in writing, and does not include oral contracts. COPARTNERSHIP DEBT, MERGER...