38-4-2. [Several persons liable on contract, judgment or statute;
165 words·~1 min read·
/nm/chapter-38-trials/article-4-parties/38-4-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
parties defendant.]
Where two or more persons are bound by contract or by judgment, decree or statute, whether jointly only, or jointly or severally, or severally only, and including the parties to negotiable paper, common orders and checks, and sureties on the same, or separate instruments, or by any liability growing out of the same, the action thereon may, at the option of the plaintiff, be brought against any or all of them; when any of these so bound are dead, the action may be brought against any or all of the survivors with any or all of the representatives of the decedents, or against any or all such representatives.
An action or judgment against any one or more of several parties jointly bound, shall not be a bar to proceedings against the others.
History: Laws 1880, ch. 6, § 5; C.L. 1884, § 1885; C.L. 1897, § 2942; Code 1915, § 4076; C.S. 1929, § 105-110; 1941 Comp., § 19-602; 1953 Comp., § 21-6-2.