Joint judgment

in case of a joint contract, strictly speaking, the plaintiff must sue all or one, yet if he does sue any intermediate number, and the defendants do not avail themselves of this, by plea in abatement, the objection is waived, by pleading to the merits, and is not one which can avail them upon writ of error... Though the plaintiff should elect to bring a joint suit against all the obligors, if they sever in their pleas, and the bond be joint and several, he may enter a nolle prosequi against one of them, even although his plea go to the action of the writ.