Nothing in this code 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.
§ 179.Judgment No Bar As to Defendants Not Served
Chapter 6: Commencement of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 179 makes clear that a judgment against jointly or severally liable defendants who were served does not bar a later, separate lawsuit against codefendants who were never served in the same action.
Full Text of § 179
Amendment History
R.L. 1910, § 4731.
Plain-English Summary
This section closes a gap that Section 178 leaves open. Getting a judgment against the codefendants who were served doesn't use up the plaintiff's claim against the ones who weren't. The statute says nothing in the code should be read to make a judgment against served defendants — joint or several — a bar to a separate action against those not served.
Frequently Asked Questions
If a plaintiff gets a judgment against served codefendants, can they still sue the ones who weren't served?
Yes. Section 179 says a judgment against served defendants isn't a bar to a later action against defendants who weren't served.
Does it matter whether the defendants' liability is joint or several?
No. The rule applies either way — jointly or severally liable defendants are treated the same for this purpose.
How does Section 179 relate to Section 178?
Section 178 lets a plaintiff proceed against served defendants while others remain unserved; Section 179 confirms that doing so doesn't forfeit claims against the defendants left out.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: judgment bar later action codefendants oklahomasuing defendant not served in original caseres judicata unserved defendants oklahoma