An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable.
History. Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882, § 3442; Civil Code 1895, § 5039; Civil Code 1910, § 5621; Code 1933, § 3-504.