Failure to serve all parties

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  • When the action is against two or more defendants, and the summons is served on one or more but not all of them, the plaintiff may proceed as follows:
    • (1) If the action is against defendants jointly indebted upon a contract, he may proceed against the defendants served, unless the court otherwise directs; and if he recovers judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may be enforced against the joint property of all and the separate property of the defendant served, and if they are subject to arrest, against the persons of the defendants served; or,

    • (2) If the action is against the defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants; or,

    • (3) If all the defendants have been served, judgment may be taken against any of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants, if the action had been against them, or any of them alone.


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