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Joinder of parties to actions
Joinder of parties to actionsIt is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal. RELATED TERMS-------------------------------------- Rule This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Interest 1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Breach The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. SIMILAR TERMS-------------------------------------- Joinder in demurrer When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Joinder of actions Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count. Joinder of issue Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined. Joint United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. Joint and several liability Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves. Joint contract One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner. Joint custody A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody". Joint legal custody A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child. Joint liability Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities. Joint physical custody A form of custody of minor children in which the parents share the actual physical custody of the child. Joint property Property that is held in the name of more than one person. Joint stock banks In England they are a species of quasi corporations, or companies regulated by deeds of settlement; and, in this respect, the stand in the same situation as other unincorporated bodies. But they differ from the latter in this, that they are invested by certain statutes with powers and privileges usually incident to corporations. These enactments provide for the continuance of the partnership, notwithstanding a change of partners. The death, bankruptcy, or the sale by a partner of his share, does not affect the identity of the partnership; it, continues the same body, under the same name, by virtue of the act of parliament, notwithstanding these changes. Joint tenancy When two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the "four unities": unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time. Joint tenants Estates. Two or more persons to whom are granted land's or tenements to hold in fee simple, fee tail, for life, for years, or at will. The estate which they, thus hold is called an estate in joint tenancy Joint venture When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company. Joint venture agreement When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company. Joint work Defined in the Copyright Act as a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. To be a joint author, a writer must contribute an independently copyrightable portion of the work. Jointress or jointuress Jointress or Jointuress. Two or more persons who are entrusted with property for the benefit of one or more others. Jointuress Jointuress or Jointress . Two or more persons who are entrusted with property for the benefit of one or more others. PREVIOUS AND NEXT TERMS-------------------------------------- Jobber Commerce. One who buys end sells articles for others. Stock jobbers are those who buy, and sell stocks for others; this term is also applied to those who speculate in stocks on their own account. Jocalia Jewels; this term was formerly more properly applied to those ornaments which women, although married, call their own. When these jocalia are not suitable to her degree, they are assets for the payment of debts. Joinder in demurrer When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Joinder of actions Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count. Joinder of issue Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined. Joinder of parties to actions Joint United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. Joint and several liability Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves. Joint contract One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner. Joint custody A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody". Joint legal custody A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child. We thank you for using the Juridical Dictionary to search for Joinder of parties to actions. If you have a better definition for Joinder of parties to actions than the one presented here, please let us know by making use of the suggest a term option. This definition of Joinder of parties to actions may be disputed by other professionals. Our attempt is to provide easy definitions on Joinder of parties to actions and any other medical topic for the public at large.
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