99Gen. Stat. (1915), Sec.Sec. 6786-6790. 1 Code Sec.Sec. 2077 et seq. 2 Code (1911), Art. L, Sec.Sec. 1,10. 3Rev. Laws (1902), c. 141, {8, c. 170, Sec.14. 4 Camp. Laws (1016), Sec. 14636, etc.

5Gen. Stat. (1913), Sec.Sec. 7916, 7917. 6 Code (1917), Sec.Sec. 2169, 2170. 7Rev. Stat. (1909), Sec.Sec. 2769, 2772. 8 Rev. Codes (1907), Sec.Sec. 4964, 5048, 6049, 7136, 7136.

In Nebraska 9 on the death of one joint debtor his estate is severally liable.

In Nevada 10 a release of one joint debtor discharges only the released debtor's portion of the debt estimated upon the number of such debtors.

In New Jersey 11 joint debtors are liable severally and on the death of one joint debtor his representatives are bound.

In New York 12 a creditor may compromise in writing with one joint debtor, and that debtor only will be discharged; but other joint debtors will have the same defences they would have had if one had not been discharged, and the right of contribution is not impaired. When one or more partners have not been joined in an action against other partners against whom judgment is rendered those not joined may be sued if the judgment is not satisfied.

In North Dakota 13 a similar provision is made in regard to partners not joined in an action, and it is also more broadly provided that if judgment goes against one or more joint debtors, others not joined may be summoned into court to show cause why they should not be bound by the judgment.

In Ohio 14 there is the same provision as in Kansas, and it is also provided that the estate of a deceased joint debtor shall be liable.

In Pennsylvania 15 judgment against one or more joint debtors is no bar to an action against others.

In Rhode Island,16 judgment without complete satisfaction against part of the defendants in an action is no bar to future action against such defendants against whom the writ in the original action was not served. It will be noticed that this provision does not cover a case where some joint debtors were omitted altogether as defendants in the first suit. The estate of a deceased joint contractor is liable as if the contract had been several.

9Rev. Stat. (1913), Sec.1424. 10Rev. Laws (1912), Sec. 6846. 11Comp. Stat. (1911), p. 3777. 12 Debtor and Creditor Law, Sec.Sec. 230-233, Code Civ. Proc, Sec. 1946.

13 Comp. Laws (1913), Sec.Sec. 7435, 7850.

14Page and Adams Code (1912), Sec.5 8079-8084, 10733.

15 Purdon's Dig. (13th ed.), pp. 2039, 2040.

16 Gen. Laws, (1900), c. 283, Sec. 18.

In South Carolina,17 as in New York, a compromise in writing with one joint debtor may be made, and he only will be discharged. Others may be sued, but will have the same de-dences they would have had had not one been discharged, and their right of contribution is not impaired.

In South Dakota 18 obligations and rights are presumed to be joint. This presumption in case of a right can be overcome only by express words. Where all who unite in a promise receive a benefit, their obligations are presumed to be joint and several. It will be observed that these provisions directly reverse the rule of the common law which makes interest important in case of a joint right, but immaterial in case of a joint duty. It is also provided that a promise in the singular signed by several persons is joint and several.

In Tennessee 19 all or any number of persons jointly liable may be sued. Joint obligations are made joint and several, and debt survives against deceased obligors. Dismissal of a suit or failure to recover against one, does not prevent recovery against other defendants who may be liable.

In Utah 20 release of a joint debtor does not discharge others beyond the just proportion of the debt for which the released debtor was liable or which he has paid. If judgment is rendered against one or more joint debtors others not joined may be brought into court without summons to show cause why they should not be joined by the judgment.

In Vermont21 representatives of a deceased joint obligor are liable. The discharge of one joint contractor may be made without impairing the creditor's right to the residue of the debt, but such a discharge shall have the effect of payment of the party discharged of his equal part of the debt, according to the number of debtors aside from sureties. Recovery of an unsatisfied judgment is no bar to suit against other joint debtors.

17 Code (1912), Sec.Sec. 3944-3946. 18Civ. Code, Sec.Sec. 1118, 1268, 1269. 19Shannon's Annot. Code (1917), Sec.Sec. 4484-4487.

20Comp. Laws (1907), Sec.Sec.2037, 3201.

21Pub. St. (1906), Sec.Sec. 1527-1530, 2828.

In Virginia 22 the creditor may make a compromise with one joint debtor, or release him without discharging others. In such a case credit shall be given for the full share of the party released unless he is a surety, in which case credit shall be given for the sum actually paid.

In Washington 23 a joint debtor who is made defendant on a suit, but not originally served with process may be summoned to show cause why he should not be bound by a judgment given against others.

In Wisconsin 24 there is a provision similar to that in Washington, and it is also provided that an action begun against joint debtors shall not abate by the death of one of them. The estate of a deceased joint debtor is severally liable and may recover contribution. The release of one discharges others only as to the amount which in equity the party discharged ought to pay as between himself and the other joint contractors, provided that if he pays more than his share, or, if being a surety he pays anything, the amount paid shall be credited, and a principal debtor cannot be released without discharging sureties.

In West Virginia 25 representatives of a deceased joint debtor are liable as if the debt were joint and several.