Where, in an action against two or more joint contractors, joint and several contractors, or partners, service is perfected on only part of the contractors or partners and the officer serving the writ returns that the others are not to be found, the judgment obtained shall bind, and execution may be levied on, the joint or partnership property as well as the individual property, real and personal, of the defendant or defendants who have been served with a copy of the process. However, the judgment shall not bind nor shall execution be levied on the individual property of the defendant or defendants not served with process.
(Laws 1820, Cobb's 1851 Digest, p. 485; Code 1863, §§ 3263, 3264; Code 1868, §§ 3274, 3275; Code 1873, §§ 3350, 3351; Code 1882, §§ 3350, 3351; Civil Code 1895, §§ 5009, 5010; Civil Code 1910, §§ 5591, 5592; Code 1933, § 39-117.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 120, 211.
C.J.S.- 33 C.J.S., Executions, §§ 9, 45.
ALR.
- Survival of liability on joint obligation, 67 A.L.R. 608.
Right to judgment, levy, or lien against individual in action under statute permitting persons associated in business under a common name to be sued in that name, 100 A.L.R. 997.
Obligation of owners who unite in contract relating to property which they own in severalty, as joint, several, or joint and several, 122 A.L.R. 1336.