§ 32-30-01 — Joint and several debtors - Procedure when summons not served on all

When the action is against two or more defendants, the plaintiff may proceed as follows:
1. If the action is against defendants jointly indebted upon contract and the summons is
served on one or more, the plaintiff may proceed against the defendant served, unless
the court otherwise directs, and if the plaintiff recovers judgment it may be entered
against all the defendants thus jointly indebted to the extent only that it may be
enforced against the joint property of all and the separate property of the defendants
served, and, if they are subject to arrest, against the persons of the defendants
served.
2. If the action is against defendants severally liable and one or more shall be served, the
plaintiff may proceed against the defendants served in the same manner as if they
were the only defendants.
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 any one or more of
such defendants if the action had been against such defendants or any of them alone.
4. If the name of one or more partners for any cause shall have been omitted in any
action in which judgment shall have been entered against the defendants named in the
summons, and such omission shall not have been pleaded in such action, the plaintiff,
in case the judgment therein shall remain unsatisfied, may recover by action of such
partner separately upon proving such partner's joint liability, notwithstanding that
partner may not have been named in the original action, but the plaintiff shall have
satisfaction of only one judgment rendered for the same claim for relief.