70-27-111. Parties defendant. (1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant. However, when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against that party.

(2) If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by 70-27-108(2) upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action.

(3) If a married person is a tenant or subtenant, failure to join the person's spouse does not constitute a defense. However, if the spouse is not joined, an execution issued upon a personal judgment against the tenant or subtenant may be enforced only against property on the premises at the commencement of the action or against property that is owned solely by the tenant or subtenant and not by the tenant's or subtenant's spouse.

(4) All persons who enter the premises after the commencement of the action are bound by the judgment in the same manner as if they had been made party to the action.

History: En. Sec. 2085, C. Civ. Proc. 1895; re-en. Sec. 7274, Rev. C. 1907; re-en. Sec. 9892, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1164; re-en. Sec. 9892, R.C.M. 1935; amd. Sec. 58, Ch. 535, L. 1975; R.C.M. 1947, 93-9706; amd. Sec. 2194, Ch. 56, L. 2009; amd. Sec. 35, Ch. 19, L. 2011.