Dictionary    Maps    Thesaurus    Translate    Advanced >   


Tip: Click Thesaurus above for synonyms. Also, follow synonym links within the dictionary to find definitions from other sources.

1. The Collaborative International Dictionary of English v.0.48
Misjoinder \Mis*join"der\, n. (Law)
   An incorrect union of parties or of causes of action in a
   procedure, criminal or civil. --Wharton.
   [1913 Webster]

2. Bouvier's Law Dictionary, Revised 6th Ed (1856)
MISJOINDER, pleading. Misjoinder of causes of action, or counts, consists in 
joining, in different counts in one declaration, several demands, which the 
law does not permit to be joined, to enforce several distinct, substantive 
rights of recovery; as, where a declaration joins a count in trespass with 
another in case, for distinct wrongs or a count in tort, with another in 
contract. Gould. 6n PI. c. 4, Sec. 98; Archb. Civ. PI. 61, 78 176; Serg. and 
Rawle, 358; Dane's Ab. Index, h.t. 
     2. Misjoinder of parties, consists in joining as plaintiffs or 
defendants, persons, who have not a joint interest. When the misjoinder 
relates to the plaintiffs, the defendants may, at common law, plead the 
matter in abatement, whether the action be real; 12 H. IV., 15; personal; 
Johns. Ch. R. 350, 438; 12 John. R. 1; 2 Mass. R. 293; or mixed; or it will 
be good cause of nonsuit at the trial. 3 Bos. & Pull. 235. Where the 
objection appears upon the face of the declaration, the defendant may demur 
generally; 2 Saund. 145; or move in arrest of judgment; or bring a writ of 
error. 
     3. When in actions ex contractu against several, there is a misjoinder 
of the defendants, as if there be too many persons made defendants, and the 
objection appears on the pleadings, either of the defendants may demur, move 
in arrest of judgment, or support a writ of error; and, if the objection do 
not appear on the pleadings, the plaintiff may be nonsuited upon the trial, 
if he fail in proving a joint contract. 5 Johns. R. 280; 2 Johns. R. 213; 11 
Johns. R. 101; 5 Mass. R. 270. 
     4. In actions ex delicto, the misjoinder cannot in general be objected 
to, because in actions for torts, one defendant may be found guilty and the 
others acquitted. Archb. Civ. Pl. 79. As to the cases in which a misjoinder 
may be aided by a nolle prosequi, see 2 Archb. Pr. 218-220. 



Common Misspellings >
Most Popular Searches: Define Misanthrope, Define Pulchritudinous, Define Happy, Define Veracity, Define Cornucopia, Define Almuerzo, Define Atresic, Define URL, Definitions Of Words, Definition Of Get Up, Definition Of Quid Pro Quo, Definition Of Irreconcilable Differences, Definition Of Word, Synonyms of Repetitive, Synonym Dictionary, Synonym Antonyms. See our main index and map index for more details.

©2011-2024 ZebraWords.com - Define Yourself - The Search for Meanings and Meaning Means I Mean. All content subject to terms and conditions as set out here. Contact Us, peruse our Privacy Policy