"In actions ex contractu, misjoinder or nonjoinder of plaintiffs may be taken advantage of by-demurrer, motion in arrest of judgment, or writ of error, or, where the defect is not apparent on the face of the pleadings, by plea in abatement or motion for a nonsuit.

"In actions ex delictu, unconnected with contract, misjoinder may be remedied by demurrer, motion in arrest of judgment, or writ of error, or, if not an apparent defect, by motion for nonsuit; nonjoinder only by plea in abatement or by apportionment of damages on the trial."4