§ 25-1418.Joint debtors not originally summoned made judgment debtors.
Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1418
Source
R.S.1867, Code § 471, p. 472; R.S.1913, § 8039; C.S.1922, § 8980; C.S.1929, § 20-1418; R.S.1943, § 25-1418.
Plain-English Summary
Section 25-1418 addresses a situation that is related to, but distinct from, the death-and-revivor scheme running through the rest of Article 14. It covers joint contract debtors, not deceased parties. When a judgment has been recovered against one or more persons who are jointly indebted on a contract, any of the other jointly indebted persons who were not originally summoned into that case may later be made parties to the judgment, through a separate action brought for that purpose.
This fills a practical gap: a plaintiff may not always be able to summon every jointly liable debtor into the original suit, whether because some could not be found, were outside the court’s reach at the time, or were left out by oversight. Rather than losing the ability to reach those debtors permanently, this section lets the plaintiff bring a follow-up action to draw them into the judgment already obtained against their co-debtors.
Though it sits within an Article otherwise devoted to death and revivor, § 25-1418 shares a family resemblance with those provisions: both deal with bringing additional or substitute parties into an existing judgment or action rather than starting entirely from scratch. Section 25-1419, immediately following, returns to the death-and-revivor theme by addressing what happens when a party to a judgment dies before it is satisfied.
Frequently Asked Questions
What does this section cover?
It allows a person jointly indebted on a contract, who was not originally summoned in the action that produced a judgment against their co-debtors, to later be made a party to that judgment through a separate action.
Does this section involve the death of a party?
No. Unlike most of Article 14, § 25-1418 addresses joint contract debtors who were never summoned, not a party who died during litigation.
How does a plaintiff bring an omitted joint debtor into the judgment?
By action — meaning a separate lawsuit brought for the purpose of making that debtor a party to the existing judgment.
Does this section apply to torts or only contract debts?
It applies to persons jointly indebted upon contract, as stated in the section itself.
Why is this section grouped with the revivor provisions?
It shares the general theme of bringing additional or substitute parties into an existing judgment, even though its trigger is an omitted joint debtor rather than a party’s death.
Does this section set a deadline for bringing the follow-up action?
The text of § 25-1418 does not itself state a specific deadline for that separate action.