misjoinder of causes of action

misjoinder of causes of action
The impropriety in joining in one complaint, declaration, or petition distinct causes of action which should not be joined because of the want of consistency between them, because they do not affect all defendants named in the action, because they do not arise out of the same transaction, or because of other circumstance precluding joinder under the practice in the particular jurisdiction. I Am J2d Actions §§ 100 et seq. A term sometimes used to characterize the improper blending of two or more causes of action in one count of a complaint, declaration, or petition. 41 Am J1st Pl § 107.

Ballentine's law dictionary. . 1998.

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  • Misjoinder — In legal procedure (both civil and criminal), misjoinder refers to a wrongful joinder. Misjoinder of causes of action, or counts, consists in joining several demands to enforce substantive rights of recovery that are distinct and contradictory.… …   Wikipedia

  • misjoinder — mis·join·der /mis jȯin dər/ n: an incorrect joinder of claims or parties in a legal action; also: an impermissible joinder of criminal charges or defendants compare duplicity, multifarious, multiplicity …   Law dictionary

  • 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] …   The Collaborative International Dictionary of English

  • misjoinder — [mis join′dər] n. Law the improper joining together of parties or of different causes of action in one lawsuit or other legal proceeding …   English World dictionary

  • misjoinder — noun Date: 1789 an improper union of parties or of causes of action in a single legal proceeding …   New Collegiate Dictionary

  • misjoinder — noun /ˌmɪsˈdʒɔɪn.də(ɹ)/ An incorrect union of parties or of causes of action in a procedure in criminal or civil court …   Wiktionary

  • misjoinder — (ˈ)mis+ noun Etymology: mis (I) + joinder : an incorrect union of parties or of causes of action in a single legal proceeding …   Useful english dictionary

  • cause of action — A term difficult of precise definition, perhaps best defined as the fact or facts which establish or give rise to a right of action, in other words, give to a person a right to judicial relief. Fielder v Ohio Edison Co. 158 Ohio St 375, 109 NE2d… …   Ballentine's law dictionary

  • misjoinder — /mis joyn deuhr/, n. Law. a joining in one suit or action of causes or of parties not permitted to be so joined. [1850 55; MIS 1 + JOINDER] * * * …   Universalium

  • misjoinder — mis•join•der [[t]mɪsˈdʒɔɪn dər[/t]] n. Law. law a joining in one suit or action of causes or of parties not permitted to be so joined • Etymology: 1850–55 …   From formal English to slang

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