Dismissal against part of defendants

The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others. Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1); Shan., § 6084; Code 1932, § 10342; T.C.A. (orig. ed.), § 20-1310. The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others. Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1); Shan., § 6084; Code 1932, § 10342; T.C.A. (orig. ed.), § 20-1310.