Parties subject to a common liability must be sued jointly or severally, according to the nature of the undertaking, the intenion of the parties, or the express words of the contract.

"In actions ex contractu, misjoinder may be open to demurrer, motion in arrest of judgment, or writ of error; or, if not apparent on the fact of the pleadings, by motion for nonsuit at the trial; nonjoinder only by plea in abatement, unless it appear from the pleadings of the plaintiff that the party omitted jointly contracted and is still living." 5

4 Shipman on Common Law Pleading, Secs. 32-33.

5 Id., Sec. 34.