2117.42 Creditors may proceed against all in one action. - Ohio Statutes

2117.42 Creditors may proceed against all in one action.

If, in the cases specified in section 2117.41 of the Revised Code, more than one person is liable for the debt, the creditor shall proceed by one action to recover such debt against all so liable, or as many of them as are within the reach of process. Thereupon, by the verdict of a jury if either party requires it, the court must determine what sum is due to the plaintiff. They also, according to the equities of the case, shall decide how much each of the defendants is liable to pay toward the satisfaction of the debt and the court shall render judgment accordingly.

No suit shall be dismissed or debarred for not making all the persons defendants who might have been included as such. In any stage of the cause the court may award process to bring in other parties and allow amendments necessary to charge them, as defendants, upon such terms as it deems reasonable.

If any of the persons who were originally liable for the debt is insolvent or unable to pay his proportion, or is beyond the reach of process, the others nevertheless shall be liable to the creditor for the whole amount of his debt; except that no one shall be compelled to pay more than the amount received by him from the decedent’s estate.

If, in consequence of insolvency, absence or other cause, any of the persons liable for such debt fails to pay his just proportion to the creditor, he shall be liable to indemnify all who, by reason of such failure on his part, have paid more than their just proportion of the debt, such indemnity to be recovered by all of them jointly or in separate actions, by any one or more for his or their parts respectively, at their election.

Effective Date: 10-01-1953