Non joinder

In Pleading. The omis sion of one or more persons who should have been made parties to a suit at law or in equity, as plaintiffs or defendants. In Equity, it must be taken advantage of before the final hearing; Kean v. Johnson, 9 N. J. Eq. 401; California Electrical Works v. Finck, 47 Fed. 583; except in very strong cases; Mechanics Pk. v. Seton, 1 Pet. (U. S.) 299, 7 L. Ed. 152; as, where a party indispensable to rendering a decree appears to the court to be omitted; Woodward v. Wood, 19 Ala. 213. The objection may be taken by demurrer, if the defect appear on the face of the bill; Spear v. Campbell, 4 Scam. (111.) 424; Shubrick’s Ex’rs \. Russell, 1 Des. (S. C.) 315; or by plea, if it do not appear; Gamble v. Johnson, 9 Mo. 605. The objection may be avoided by waiver of rights as to the party omitted; Pull v. Pell, 4 Wis. 54; or a supplemental bill filed, in some cases; Ensworth v. Lambert, 4 Johns. Ch. (N. Y.) 605. It will not cause dismissal of the bill in the first instance; Pringle v. Carter, 1 Hill (S. C.) 53; but will, if it continues after objection made; Lyde v. Taylor, 17 Ala. 270; without prejudice; Piequet v. Swan, 5 Mas. 561, Fed. Cas. No. 11,135; Miller v. Mc Oan, 7 Paige Ch. (N. Y.) 451. The cause is ordered to stand over in the first instance; Colt v. Lasnier, 9 Cow. (N. Y.) 320. See Joinder; Parties; Misjoinder. In Law. See Abatement; Parties. In England, the Judicature Act of 1875, Ord. xvt., has made very full provisions as to the joinder of parties, and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs In whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative. NON J U R I D 1C US. See Dies Non.

The omission to join some person as party to a suit, whether as plaintiff or defendant, who ought to have been so joined, according to the rules of pleading and practice.