Ohio § 2117.42 Creditors may proceed against all in one action

Ohio Statutes

§ 2117.42 — Creditors may proceed against all in one action

Ohio § 2117.42

Title 21Courts-Probate-Juvenile

Ch. 2117Presentment Of Claims Against Estate

This text of Ohio § 2117.42 (Creditors may proceed against all in one action) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2117.42 (2026).

Text

If, in the cases specified in section2117.41of the Revised Code, more than one person is liable for the debt,  the creditor shall proceed by one action to recover the debt  against all so liable, or as many of them who are within the reach  of process. By the verdict of a jury if either party requires it,  the court shall determine what sum is due to the plaintiff. The  jury also, according to the equities of the case, shall decide how  much each of the defendants is liable to pay toward the  satisfaction of the debt and the court shall render judgment  accordingly.

No suit shall be dismissed or debarred for not making all the  persons defendants who might have been included as defendants. In  any stage of the cause the court may award process to bring in  other parties and allow amendmen

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If, in the cases specified in section2117.41of the Revised Code, more than one person is liable for the debt, the creditor shall proceed by one action to recover the debt against all so liable, or as many of them who are within the reach of process. By the verdict of a jury if either party requires it, the court shall determine what sum is due to the plaintiff. The jury also, according to the equities of the case, shall decide how much each of the defendants is liable to pay toward the satisfaction of the debt and the court shall render judgment accordingly.

No suit shall be dismissed or debarred for not making all the persons defendants who might have been included as defendants. In any stage of the cause the court may award process to bring in other parties and allow amendments necessary to charge them, as defendants, upon the terms that it considers reasonable.

If any of the persons who were originally liable for the debt is insolvent or unable to pay the person's proportion, or is beyond the reach of process, the others nevertheless shall be liable to the creditor for the whole amount of the debt; except that no one shall be compelled to pay more than the amount received by the person from the decedent's estate.

If, in consequence of insolvency, absence, or other cause, any of the persons liable for the debt fails to pay the person's just proportion to the creditor, the person shall be liable to indemnify all who, by reason of that person's failure, have paid more than their just proportion of the debt, such indemnity to be recovered by all of them jointly or in separate actions, by any one or more of them for their respective parts, at their election.