Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: (1) If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the court otherwise direct; (2) if the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.

Source

  • R.S.1867, Code § 84, p. 407;
  • R.S.1913, § 7648;
  • C.S.1922, § 8592;
  • C.S.1929, § 20-527;
  • R.S.1943, § 25-527.

Terms Used In Nebraska Statutes 25-527

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.