47-3119. Notice of right to defend action
In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that the person notified may come in and defend and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Section: Previous 47-3112 47-3113 47-3114 47-3115 47-3116 47-3117 47-3118 47-3119 47-3201 47-3202 47-3203 47-3204 47-3205 47-3206 47-3207 NextLast modified: October 13, 2016