be, must be conducted by the persons then in office, who represent that body. ART. 2. tion of officers summons § 1929. In an action or special proceeding, brought pur. Designasuant to section 1926 or section 1927 of this act, the officer, such by or against whom it is brought, must be described in the in the summons, or other process by which it is commenced, and eto. in the subsequent proceedings therein, by his individual name, with the addition of his official title. An objection, growing out of an omission to join any officer, who ought to be joined with the others, must be taken by the answer, or, in a special proceeding, before the close of the case, on the part of the defendant: otherwise it is waived. may be § 1930. In such an action or special proceeding, the Successor court must, in a proper case, substitute a successor in office, substitu in place of a person made a party in his official capacity, who has died or ceased to hold office; but such a successor shall not be substituted as a defendant, without his consent, unless at least fourteen days' notice of the application for the substitution, has been personally served upon him. execution officer issue. §1931. An execution cannot be issued upon a judgment When for a sum of money, rendered against an officer in an action against or special proceeding, brought by or against him, in his not to official capacity, pursuant to this article; except where it is rendered against the trustee or trustees of a school district, or the commissioner or commissioners of highways of a town. In either of those cases, an execution may be issued against and be collected out of the property of the officer, and the sum collected must be allowed to him, in the settlement of his official accounts, except as otherwise specially prescribed by law. 147 TITLE & Judgment against defendants jointly when all ARTICLE THIRD. ACTIONS AND RIGHTS OF ACTION AGAINST AND BETWEEN JOINT DEBTORS. SEC. 1932. Judgment against defendants jointly indebted, when all are not served 1933. Effect of such judgment. 1934. Execution; indorsement thereupon. 1935. How collected. 1936. Judgment, how docketed; effect of docketing. 1937. Action to charge defendants not personally summoned, etc. 1938. Complaint in such action. 1939. Answer. 1940. Provisional remedies. 1941. Judgment. 1942. Joint debtors may compound separately. Mode and effect. 1944. Rights of the debtors not released. 1945. Action against persons engaged in transportation. 1946. When partner not sued remains liable. 1947. Continuance of partnership business during action for accounting, etc. § 1932. In an action, wherein the complaint demands. judgment for a sum of money against two or more defend. ants, alleged to be jointly indebted upon contract, if the indebted, summons is served upon one or more, but not upon all of the defendants, the plaintiff may proceed against the defendant or defendants, upon whom it is served, unless the court otherwise directs; and, if he recovers final judgment, it may be taken against all the defendants thus jointly indebted. are not served. such judg. ment. Effect of § 1933. Such a judgment is conclusive evidence of the liability of each defendant, upon whom the summons was personally served, or who appeared in the action. Where it is taken against a defendant, upon whom the summons was served by publication, or without the State, pursuant to an order for that purpose, it has the effect, as against that defendant, specified in section 445 of this act. As against such a defendant, who is allowed to defend after judgment, or as against a defendant not summoned, it is evidence only of the extent of the plaintiff's demand, after the liability of that defendant has been established, by other evidence. ART. 3. tion; ment § 1934. An execution upon such a judgment must be Execu issued, in form, against all the defendants; but the attorney indorsefor the judgment creditor must indorse thereupon a direc- ther tion to the sheriff, containing the name of each defendant, who was not summoned, and restricting the enforcement of the execution, as prescribed in the next section. there upon. lected. 1935. An execution against the person, issued upon such How cola judgment, shall not be enforced against the person of a defendant, whose name is so indorsed thereupon. An execution against property, issued upon such a judgment, shall not be levied upon the sole property of such a defendant; but it may be collected out of personal property, owned by him, jointly with the other defendants, who were summoned, or with any of them; and out of the real and personal property of the latter, or of any of them. ment, docketed: docket § 1936. Where a judgment has been taken, as prescribed Judg in section 1932 of this act, the clerk, with whom the judg. how ment-roll is filed, must write upon the docket, opposite or effect of under the name of each defendant, upon whom the sum- ing. mons was not served, the words, "not summoned "; and a like entry must be made by each county clerk, with whom the judgment is afterwards docketed. The judgment does not, by virtue of its being docketed, bind any real prop erty, or chattel real, owned by such a defendant. But this section does not affect the plaintiff's right of action, to charge the judgment upon any real property. charge ants not ly sum § 1937. After the recovery of a judgment against joint Action to debtors, as prescribed in section 1932 of this act, an action defendmay be maintained by the judgment creditor, against one personalor more of the defendants, who were not summoned in the moned, original action, to procure a judgment, charging his or their property with the sum remaining unpaid upon the original judgment. etc. TITLE 6. Com plaint in such action. Answer. Provi sional § 1938. The complaint in such an action must be veri fied; must contain an allegation that the judgment has not been paid; and must state the sum, remaining unpaid thereupon, at the time of the verification. § 1939. The defendant's answer is restricted to defences or counterclaims, which he might have made in the original action, if the summons therein had been served upon him, when it was first served upon a defendant jointly indebted with him; objections to the judgment; and defences or counterclaims, which have arisen since it was rendered. § 1940. For the purpose of obtaining an order of arrest, remedies. an injunction order, or a warrant of attachment, the action is regarded as being founded upon the contract, upon which the original judgment was recovered. Judg ment. Joint debtors § 1941. Where the judgment is in favor of the plaintiff, it must determine the sum remaining unpaid upon the original judgment; and it may be docketed, and an execution may be issued thereupon, as if it was a judgment for the sum so remaining unpaid, and the costs, if any. Costs must be awarded, as if the action was brought upon the original contract, and the sum so remaining unpaid had been recovered therein. § 1942. A joint debtor may make a separate composition may com- with his creditor, as prescribed in this section. Such a separate composition discharges the debtor making it; and him only. and effect. The creditor must execute to the compounding debtor a re pound ly. Mode lease of the indebtedness, or other instrument exonerating him therefrom. A member of a partnership cannot thus com. pound for a partnership debt, until the partnership has been dissolved by consent or otherwise. In that case the instru ment must release or exonerate him, from all liability in curred by reason of his connection with the partnership. An instrument, specified in this section, does not impair the creditor's right of action against any other joint debtor, or his right to take any proceeding against the latter; unless an intent to release or exonerate him, appears affirmatively upon the face thereof. ART. 3. ing judg. § 1943. An instrument, specified in the last section, is Satisfy deemed a satisfaction-piece, for the purpose of discharging, ment. as prescribed in section 1260 of this act, the docket of a judgment, recovered upon an indebtedness released or discharged thereby, as far as the judgment affects the compounding debtor. Where the docket of a judgment is discharged thereupon, a special entry must be made upon the docket, to the effect, that the judgment is satisfied, as to the compounding debtor only. of the not re 1944. Where a joint debtor has thus compounded, a Rights joint debtor, who has not compounded, may make any de- debtors fence or counterclaim, or have any other relief, as against leased the creditor, to which he would have been entitled, if the composition had not been made. He may require the compounding debtor to contribute his ratable proportion of the joint debt, or of the partnership debts, as the case may be, as if the latter had not been discharged. against engaged portation § 1945. In an action brought against one or more per- Action sons, engaged, as a joint-stock association, partnership, or persons otherwise, in the periodical transportation of passengers or in transproperty, an objection, to any of the proceedings, cannot be taken by a person properly made a defendant, on the ground that the plaintiff has joined with him, as a defendant, a person not jointly engaged with him in that business, or on the ground that the plaintiff has failed so to join with him a person so jointly engaged, unless the persons so engaged have, at least thirty days before the commencement of the action, filed in the clerk's office of each county, in which they transport passengers or property, a statement, |