State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-113

Article10.

Joint and SeveralDebtors.

§ 1‑113.  Defendantsjointly or severally liable.

Where the action is againsttwo or more defendants, and the summons is served on one or more, but not onall of them, the plaintiff may proceed as follows:

(1)        If the action isagainst defendants jointly indebted upon contract, he may proceed against thedefendants served, unless the court otherwise directs, and if he recoversjudgment it may be entered against all the defendants thus jointly indebted, sofar only as that it may be enforced against the joint property of all and theseparate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served.

(2)        If the action isagainst defendants severally liable, he may  proceed against the defendantsserved, in the same manner as if they were the only defendants.

(3)        If all thedefendants have been served, judgment may be taken against any or either ofthem severally, when the plaintiff would be entitled to judgment against suchdefendant or defendants if the action has been against them or any of themalone.

(4)        If the name of oneor more partners has, for any cause, been  omitted in an action in whichjudgment has been rendered against the defendants named in the summons, and theomission was not pleaded in action, the plaintiff, in case the judgment remainsunsatisfied, may by action recover of such partner separately, upon proving hisjoint liability, notwithstanding he was not named in the original action; butthe plaintiff may have satisfaction of only one judgment rendered for the samecause of action. (C.C.P., s. 87; Code,  s. 222; Rev., s. 455; C.S., s.497.)