§ 5055 -   Action against joint contractor not discharged

§ 5055. Action against joint contractor not discharged

In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such discharge shall have the same effect as a payment by the party discharged, of his equal part of the debt, according to the number of debtors aside from sureties.