38-4-3. [Joint contracts create joint and several liability;
116 words·~1 min read·
/nm/chapter-38-trials/article-4-parties/38-4-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
assumption of debt; partners; parties defendant.]
All contracts, which by the common law are joint only, shall be held and construed to be joint and several; and in all cases of joint obligations or assumptions by partners and others, suit may be brought and prosecuted against any one or more of the parties liable thereon, and when more than one person is joined as defendant in any such suit, such suit may be prosecuted, and judgment rendered against any one or more of such defendants.
History: Laws 1878, ch. 4, § 3; C.L. 1884, § 1889; C.L. 1897, § 2946; Code 1915, § 4078; C.S. 1929, § 105-112; 1941 Comp., § 19-603; 1951 Comp., § 21-6-3.