TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 3

FORCIBLE ENTRY AND UNLAWFUL DETAINER

6-308.  Parties defendant. No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of any persons who might have been made parties defendant; but when it appears that any of the parties served with process or appearing in the proceeding are guilty of the offense charged, judgment must be rendered against them. Any person who shall become a subtenant of the premises or any part thereof after the service of notice as provided in this chapter shall be bound by the judgment. In case a married woman be a tenant or a subtenant, her coverture shall constitute no defense; but in case her husband be not joined, or unless she be doing business as a sole trader, an execution issued upon a personal judgment against her can only be enforced against property on the premises at the commencement of the action.

History:

[(6-308) C.C.P. 1881, sec. 802; R.S., R.C., & C.L., sec. 5098; C.S., sec. 7327; I.C.A., sec. 9-308.]