60-310. Procedure where only part of defendants served.
60-310
60-310. Procedure where only part of defendants served.(a) Same. Where the action is against two or more defendants, andone or more shall have been served, but not all of them, the plaintiff mayproceed as follows:
First. If the action be against defendants jointly indebted uponcontract, the plaintiff may proceed against the defendants served, unless thecourt otherwise direct; and if he or she recover judgment it may be enteredagainst all the defendants thus jointly indebted so far only as that it maybe enforced against the joint property of all, and the separate property of thedefendants served.
Second. If the action be against defendants severally liable, theplaintiff may, without prejudice to his or her rights against those notserved, proceed against the defendants served in the same manner as if theywere the only defendants.
(b) Same. Nothing in this section shall be so construed as to makea judgment against one or more defendants jointly or severally liable a barto another action against those not served.
History: L. 1963, ch. 303, 60-310; Jan. 1, 1964.