Misjoinder

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  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]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:



  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.