2006 Kansas Code - 60-310

      60-310.   Procedure where only part of defendants served. (a) Same. 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:

      First. If the action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendants served, unless the court otherwise direct; and if he or she recover 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 defendants served.

      Second. If the action be against defendants severally liable, the plaintiff may, without prejudice to his or her rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.

      (b)   Same. Nothing in this section shall be so construed as to make a judgment against one or more defendants jointly or severally liable a bar to another action against those not served.

      History:   L. 1963, ch. 303, 60-310; Jan. 1, 1964.