617.9 - UNSERVED PARTIES -- OPTIONAL PROCEDURE.
617.9 UNSERVED PARTIES -- OPTIONAL PROCEDURE. When the action is against two or more defendants, and one or more of them shall have been served, but not all, the plaintiff may proceed as follows: If the action is against defendants who are jointly, or jointly and severally, or severally liable only, the plaintiff may, without prejudice to the plaintiff's rights in that or any other action against those not served, proceed against those served in the same manner as if they were the only defendants; if the plaintiff recovers against those jointly liable only, the plaintiff may take judgment against all thus liable, which may be enforced against the joint and separate property of those served, but not against the separate property of those not served, until they have had opportunity to show cause why judgment should not be enforced against their separate property.
Section History: Early Form [R60, § 2841; C73, § 2627; C97, § 3542; C24, 27, 31, 35, 39, § 11091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 617.9]