identity of parties

identity of parties
The prerequisite to joinder of causes of action that all causes should affect all parties to the action, both parties defendant and parties plaintiff. State ex rel. Alderson v Halbert, 133 W Va 337, 56 SE2d 114. Not a mere matter of form, but of substance, since parties nominally the same may be, in legal effect different; and parties nominally different may be, in legal effect, the same. Chicago Rock Island & Pacific R. Co. v Schendel, 270 US 611, 70 L Ed 757, 46 S Ct 420, 53 ALR 1265. A prerequisite to a plea of abatement on the ground of prior action pending; the same parties on both sides in two or more actions, appearing in the same capacity in each action, and representing the same interest. 1 Am J2d Abat & R § 26.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • identity of parties — Refers to condition of persons in relation to each other so that a former judgment against one bars action against others because of res adjudicata; hence, same parties and those in privity are so barred. See res (res judicata) …   Black's law dictionary

  • identity of parties — Refers to condition of persons in relation to each other so that a former judgment against one bars action against others because of res adjudicata; hence, same parties and those in privity are so barred. See res (res judicata) …   Black's law dictionary

  • parties — The persons who take part in the performance of any act, or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. Green v. Bogue, 158 U.S. 478, 15 …   Black's law dictionary

  • identity of interests — In civil procedure, an amendment (addition) of a party will be allowed if the party sought to be joined is so closely related in business operations or other activities that the institution of an action against one serves as notice of litigation… …   Black's law dictionary

  • identity of interests — In civil procedure, an amendment (addition) of a party will be allowed if the party sought to be joined is so closely related in business operations or other activities that the institution of an action against one serves as notice of litigation… …   Black's law dictionary

  • identity of interests — See identity of parties …   Ballentine's law dictionary

  • identity of the person — A collateral issue which may be pleaded in bar of execution after a judgment of attainder against the defendant, whereby the question is raised as to whether he is the same person who was thus attained. See 4 Bl Comm 396. See identity of parties …   Ballentine's law dictionary

  • Identity Commons — is a nonprofit organization incorporated in Florida. Purpose and Principles The purpose of the organization is to support, facilitate, and promote the creation of an open identity layer for the Internet, one that maximizes control, convenience,… …   Wikipedia

  • Identity change — describes the intentional changes of identity. The topic is of particular interest in faceless financial transactions and computer security (Digital identity).There are two perspectives to consider in an instance of identity change. The hardest… …   Wikipedia

  • identity — iden·ti·ty n pl ties 1: sameness of essential character or aspect collateral estoppel requires identity of the issues and the parties 2 a: separate or distinct existence when movables lose their identity or become an integral part of the… …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”