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Where only some of the Defendants take Defence.
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XCVII. In any Action brought against Two or more Defendants, where the Claim is for a Debt or liquidated Demand in Money, with or without Interest, as last aforesaid, if One or more of such Defendants only shall appear to defend or demur, and another or others of them shall not appear to defend or demur, it shall be lawful for the Plaintiff to sign Judgment against such Defendant or Defendants only as shall not have appeared to defend or demur, and before Issue joined against the other Defendant or Defendants to issue Execution thereupon, in which Case he shall be taken to have abandoned his Action against the Defendant or Defendants who shall have defended or demurred; or the Plaintiff may, before issuing such Execution, proceed against such Defendant or Defendants as shall have filed a Defence or Demurrer, stating, by way of Suggestion, the Judgment obtained against the other Defendant or Defendants who shall not have filed a Defence or Demurrer, in which Case the Judgment so obtained against the Defendant or Defendants who shall not have taken Defence or demurred shall operate and take effect in like Manner as a Judgment by Default obtained before the Commencement of this Act against One or more of several Defendants in an Action of Debt before the Commencement of this Act.
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