NON-JOINDER When a person who should have been made a party to a legal proceeding has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings.
Non-joinder The failure to include a person who should have been made a party to legal proceedings. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings.
And in actions upon contracts if the plaintiff do not sue all the contractors, the defendant may plead the non-joinder in abatement. Ibid. F 8, a; 1 Wash. 9; 18 Johns. 459; 2 Johns. Cas. 382 ; 3 Caines's Rep. 99 ; Arch.. Civ. PI. 309; 1 Chit. PI.
party to a law suit when that person should not have been added. When this is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party. Compare with non-joinder.
the death of some of them, the survivors alone can be sued; each is bound to pay the whole debt, having recourse to the others for contribution. Yet an infant co-obligor need not be joined, for his infancy may be replied to a plea of non-joinder in ...
Compare with non-joinder. Misrepresentation A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
See also: Parties, Property, Cause, Action, State
 
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