« AnteriorContinuar »
The constitutional provision, which refers to pay a proportion of the loss. In ascertain"life or limb," properly interpreted, extends only ing such average loss, the goods lost and to treason and felonies, but it has usually been saved are both to be valued at the price they extended to misdenieanors ; 1 Bish. Cr. L. S 990; 26 Ala. 135; but not to proceedings for the would have brought at the place of delivery recovery of penalties, nor to applications for on the ship's arrival there, freight, duties, sureties of the peace; 1 Bish. Cr. L. § 990. and other charges being deducted. Marsh.
A person is in legal jeopardy when he is Ins. 246 ; 3 Kent, 185–187; Park. Ins. 123 ; put upon trial, before a court of competent Pothier, Charte-partie, n. 108 et suiv. ; Boulayjurisdiction, upon indictment or information Paty, Dr. Com. tit. 13; Pardessus, Dr. Com. which is sufficient in form and substance to p. 734; 1 Ware, 9. The owner of a cargo sustain a conviction, and a jury has been jettisoned has a maritime lien on the vessel charged with his deliverance; Cooley, Const. for the contributory share from the vessel on Lim. 404; approved in 9 Bush, 333 ; 21 an adjustment of the average, which may be Alb. L. J. 398. If, however, the court had enforced by a proceeding in venue in the adno jurisdiction of the cause; 7 Mich. 161; or miralty ; 19 How. 162; 2 Pars. Marit. Law, if the indictment was so defective that no
373. See AVERAGE; ADJUSTMENT. valid judgment could be rendered upon it; JEUX DE BOURSE. In French Law. 36 Ga. 247; 105 Mass. 53; or if by any A kind of gambling or speculation, which overruling necessity the jury are discharged consists of sales and purchases which bind without a verdict ; 9 Wheat. 579; 68 N. C. neither of the parties to deliver the things 203 ; or if the term of the court comes to an which are the object of the sale, and which end before the trial is finished ; 5 Ind. 290;, are settled by paying the difference in the or the jury are discharged with the consent of value of the things sold between the day of the defendant, express or implied ; 9 Metc. the sale and that appointed for delivery of 572; or if after verdict against the accused, such things. i Pardessus, Droit Com. n. 162. it has been set aside on his motion for a new
JOB. The whole of a thing which is to trial or on writ of error, or the judgment be done. In this sense it is employed in the thereon has been arrested ; 13 Johns. 351; Civil Code of Louisiana, art. 2727: 8 Kans. 232; s. C. 12 Am. Rep. 469, n. ; build by plot, or to work by the job,” says in these cases, the accused may again be put that article, " is to undertake a building for upon trial and the proceedings had will con- a certain stipulated price." See Duranton, stitute no protection; Cooley, Const. Lim. du Contr. de Louage, liv. 3, t. 8, nn. 248, 405. But if a prisoner has been indicted for 263; Pothier, Contr. de Louage, nn. 392, murder, convicted of murder in the second de- 394; DEVIATION. gree, and afterwards granted a new trial on his own motion, he cannot, on the second trial, be who buys and sells articles for others. Stock
JOBBER. In Commercial Law. One convicted of a higher crime than murder in the second degree ; 33 Wisc. 121; s.c. 14 Am. jobbers are those who buy and sell stocks for Rep. 748, n.,;. 35 Mo. 105; 11 Iowa, 352; who speculate in stocks on their own account.
others. This term is also applied to those contra, 20 Ohio St. 572; 8 Kans. 232; s. c. 12 Am. Rep. 469, n. Where the indictment JOCALIA (Lat.). Jewels. This term was good and the judgment erroneously ar was formerly more properly applied to those rested, the verdict was held to be a bar; 2 ornaments which women, although married, Yerg. 24.
Where a prisoner during his trial call their own. When these jocalia are not tled the jurisdiction, and it became necessary
suitable to her degree, they are assets for the to discharge the jury, it was held that he was payment of debts ; 1 Rolle, Abr. 911. never in jeopardy ; 13 Reporter, 105 (S. C. JOINDER. In Pleading. Union; conof Cal.). See DiscHARGE OF A JURY. JERGUER. In English Law. An offi- union of two or more causes of action in the
Of Actions. IN CIVIL CASES. The cer of the custom-house, who oversees the waiters. Techn. Dict.
At common law, to allow a joinder, the JETTISON, JETSAM. The casting out form of actions must be such that the same of a vessel, from necessity, a part of the plea may be pleaded and the same judgment lading. The thing so cast out.
given on all the counts of the declaration, or, It differs from flotsam in this, that in the lat- the counts being of the same nature, that the ter the goods float, while in the former they sink, same judgment may be given on all; 2 Saund. and remain under water. It differs also from 177 c; 1 Term, 276 ; Comyns, Dig. Actions ligan. The jettison must be made for sufficient 27; 12 La. An. 873; 33 N. H. 495.
(G); 16 N. Y. 548; 6 Du. N. Y. 43 ; 4 Cal.
And cause, and not for groundless timidity. It all the causes of action must have accrued to must be made in a case of extremity, when the plaintiff or against the defendant; 12 La. the ship is in danger of perishing by the fury An. 44; in the same right, though
may of a storm, or is laboring upon rocks or have been by different titles. Thus, a plainshallows, or is closely pursued by pirates or tiff cannot join a demand in his own right to enemies.
one as representative of another person, or If the residue of the cargo be saved by against the defendant himself to one against such sacrifice, the property saved is bound to him in a representative capacity; 2 Viner,
Abr. 62; Bacon, Abr. Action in General Wheat. 550; 3 Conn. 354; 5 Cow. 719. (C); 21 Barb. 245. See 25 Mo. 357. And see 3 Bibb, 86; 6 J. J. Marsh. 425.
In real actions there can be but one count. There need be no connection but commu
In mixed actions joinder occurs, though nity of interests; 2 Ala. N. 8. 209.
All persons having a unity of interest in By statutes, in many of the states, joinder the subject-matter; 3 Barb. Ch. 397; 2 Ala. of actions is allowed and required to a greater N. 8. 209; and in the object to be attained; extent than at common law.
2 Iowa, 55; 3 id. 443 ; who are entitled to IN CRIMINAL CASES. Different offences relief; 14 Ala. N. s. 135; 17 id. 631; may of the same general nature may be joined in join as plaintiffs. The claims must not arise the same indictment; i Chitty, Cr. Law, under different contracts; 8 Pet. 123 ; 5 J.J. 253, 255; 29 Ala. N. 8. 62; 10 Cush. 530; Marsh. 154; 6 id. 33 ; or to the same person 28 Miss. 267; 4 Ohio St. 440; 6 McLean, in different capacities; 1 Busb. Eq. 196. 596 ; 4 Denio, 133; 18 Me. 103 ; 1 Cheves, And see 1 Paige, Ch. 637; 4 id. 23 ; 5 Metc. 103 ; 4 Ark. 56 ; see 14 Gratt. 687; and it is Mass. 118. no cause of arrest of judgment that they have
Assignor and assignee. The assignor of a been so joined ; 29 E. L. & Eq. 536; 29 contract for the sale of lands should be joined N. H. 184; 11 Ga. 225; 3 W. & M. 164; in a suit by the assignee for specific performsee 1 Strobh. 455; but not in the same count; ance; 3 Sandf. Ch. 614; and the assignor of 5 R. I. 385; 24 Mo. 353 ; 1 Rich. 260; part of his interest in a patent in a suit by 4 Humphr. 25; and an indictment may be assignee for violation ; 3 McLean, 350, quashed, in the discretion of the court, where But he should not be joined where he has the counts are joined in such manner as will parted with all his legal and beneficial interconfound the evidence; 17 Mo. 544; 19 Ark. I est; 32 Me. 203, 343; 13 B. Monr. 210. 563, 577; 20 Miss. 468.
The assignee of a mere chose in action may No court, it is said, will, however, permit a sue in his own name, in equity; 17 How. 43 ; prisoner to be tried upon one indictment fortwo 5 Wisc. 270 ; 6 B. Monr. 540; 7 id. 273. distinct and separate crimes ; 29 N. H. 184. Corporations. Two or more may join if See 5 S. & R. 59; 12 id. 69; 10 Cush. 530. their interest is joint; 8 Ves. 706.
A corIn Demurrer. The answer made to a poration may join with its individual members demurrer. Co. Litt. 71 b. The act of to establish an exeniption on their behalf; 3 making such answer is merely a matter of Anstr. 738. form, but must be made within a reasonable
Husband and wife must join where the time; 10 Rich. 49.
husband asserts an interest in behalf of his Of Issue. The act by which the parties wife ; 6 B. Monr. 514; 3 Hayw. 252; 5 to a cause arrive at that stage of it in their Johns. Ch. 196; 9 Ala. 133: as, for a pleadings, that one asserts a fact to be so, legacy; 5 Johns. Ch. 196; or for property and the other denies it. For example, when devised or descended to her during coverture ; one party denies the fact pleaded by his 5 J. J. Marsh. 179, 600; or where he applies antagonist, who has tendered the issue thus, for an injunction to restrain a suit at law . And this he prays may be inquired of by against both, affecting her interest ; 1 Barb. the country,” or, " and of this he puts him- Ch. 313. self upon the country,” the party denying Idiots and lunatics may be joined or not in the fact may immediately subjoin, * And the bills by their committees, at the election of said A B does the like; said to be joined. " when the issue is the committee, to set aside acts done by them
whilst under imbecility; 1 Ch. Cas. 112; 1
Jac. 377; 7 Johns. Ch. 139. They must be Of Parties. IN CIVIL Cases.
joined in suits brought for the partition of In Equity.
real estate; 3 Barb. Ch. 24. In England it
seems to be the custom to join; 2 Vern. 678. All parties materially interested in the sub- See Story, Eq. Pl. $ 64, and vote ; Story, ject of a suit in equity should be made parties, Eq. Jur. & 1336, and note. however nymerous ; Mitf. Eq. Plead. 144 ; 2
Infants. Several may join in the same bill Eq. Cas. Abr. 179 ; 3 Swanst. 139; 1 Pet. for an account of the rents and profits of 299; 2 id. 482; 13 id. 359; 7 Cra. 72; 2 their estate; 2 Bland, Ch. 68. Mas. 181; 5 McLean, 444; 2 Paine, 536 ; 1
Trustee and cestui que trust should join Johns. Ch. 349 ; 2 Bibb, 184; 24 Me. 20; a bill to recover the trust fund; 5 Dana, 128 ; 3 Vt. 160; 7 Conn. 342; 11 Gill & J. 426; but need not to foreclose a mortgage; 5 Ala.
Rand. 451; 1 Bail. Ch. 384 ; 7 Tred. Eq? 447; 4 Abb. Pr. 106; nor to redeem one No. C. 261; 2 Stew. Ala. 280 ; 6 Blackt. made
the trustee; 2 Gray, 190. 223. But, where the parties are very nume- 3 Edw. Ch. 175; 7 Ala. N. s. 386. rous, a portion may appear for all in the same situation; 16 Ves. 321 ; 16 How. 288; 11
Defendants. Conn. 112; 3 Paige, Ch. 222; 19 Barb. 517.
In general, all persons interested in the od fere possible or contingent interest does subject-matter of a suit who cannot be made not render its possessor a necessary party; 6 plu'ntifis should be made defendants. They
may claim under different rights if they isfaction of their debt; 9 Mo. 304. See, also, possess an interest centring in the point in 21 Ga. 433; 6 Munf. 520; 7 E. L. & Eq. 54. issue; 4 Cow. 682.
Foreclosure suits. All persons having an Bills for discovery need not contain all the interest, legal or equitable, existing at the parties interested as defendants; 1 M'Cord, commencement of a suit to foreclose mortCh. 301 ; and a person may be joined merely gaged premises, must be made parties, or they as defendant in such bill; 3 Ala. 214. A will not be bound; 4 Johns. Ch. 605; 10 person should not be joined as a party to Paige, Ch. 307; 10 Ala. N. 8. 283; 3 Ark. such bill who may be called as a witness on 364; 6 McLean, 416; 11 Tex. 526 ; includtrial ; 13 Ill. 212; 3 Barb. Ch. 482. And ing the mortgagor within a year after the sale see 1 Chandl. 286.
of his interest by the sheriff; 4 Johns. Ch. Assignor and assignee. An assignor who 649; and his heirs and personal representaretains even the slightest interest in the sub- tive after his death; 2 Bland, 684. But ject-matter must be made a party; 2 Dev. & bond-holders for whose benefit a mortgage has B. Eq. 395; 1 Green, Ch. 347 ; 2 Paige, been made by a corporation to a trustee need Ch. 289; 11 Cush. 111: as a covenantee in a not be made parties ; 5 Gray, 162; Jones, suit by a remote assignee; 1 Dana, 585; and Railroad Securities, $ 42. A person claiming the original plaintiff in a creditor's bill by the adversely to mortgagor and mortgagee cannot assignee of a judgment; 4 B. Monr. 594. be made a defendant to such suit; 3 Barb.
A fraudulent assignee need not be joined Ch. 438. in a bill by a creditor to obtain satisfaction Heirs, distributees, and devisees. All the out of a fund so transferred; 1 Paige, Ch. 637. heirs should be made parties to a bill respectThe assignee of a judgment must be a party in ing the real estate of the testator; 3 N. Y. u suit to stay proceedings; 11 Paige, Ch. 438. 261; 2 Ala. N. 8. 571; 4 J. J. Marsh.
A party who acquires his interest pendente 231 ; 7 id. 432; 5 Ill. 452; although the teslite cannot be made a party; 5 Ill. 354. tator was one of several mortgagees of the Otherwise of an assignee in insolvency, who vendee, and the bill be brought to enforce must be made a party; 3 Johns. 543 ; 1 the vendor's lien; 6 B. Monr. 74; but need Johns. Ch. 339; 10 Paige, Ch. 20. not to a bill affecting personalty ; i M'Cord,
Corporations and associations. A corpo- Ch. 280. All the devisees are necessary parration charged with a duty should be joined ties to a bill to set aside the will; 2 Dana, with the trustees it has appointed, in a suit 155; or to enjoin executors from selling lands for a breach; 1 Gray, 399; ? Paige, Ch. belonging to the testator's estate ; 2 T. B. 281. Where the legal title is in part of the Monr. 30. All the distributees are necessary members of an association, no others need be parties to a bill for distribution ; 1 B. Monr. joined ; 1 Gilm. 187.
27; to a bill by the widow of the intestate Officers and agents may be made parties against the administrator to recover her share merely for purposes of discovery ; 9 Paige, of the estate ; 4 Bibb, 543; and to a bill Ch. 188.
against an administrator to charge the estate Creditors who have repudiated an assign- with an annual payment to preserve the resiment and pursued their remedy at law are due; 1 Hill, Ch. 51. See, also, 11 Paige, properly made parties to a bill brought by the Ch. 49; 2 T. B. Monr. 95; 5 id. 573. others against the trustee for an account and Idiots and lunatics should be joined with the enforcement of the trust; 3 Wisc. 367. their committees when their interests conflict So, when judgments are impeached and and must be settled in the suit; 2 Johns. Ch. sought to be set aside for fraud, the plaintiffs 242; 3 Paige, Ch. 470. therein are indispensable parties to the bill; Partners must, in general, be all joined in 20 Ala. 200. To a bill brought against an a bill for dissolution of the partnership, but assignee by a creditor claiming the final bal- need not it without the jurisdiction ; 17 How. ance, the preferred creditors need not be 468 ; 12 Metc. 329. And see 3 Stor. 335. made parties ; 28 Vt. 465. See, also, 20 Assignees of insolvent partners must be How. 94; 1 Md. Ch. Dec. 299; 3 Metc. joined; 10 Me. 255. Mass. 474; 11 Paige, Ch. 49.
Dormant partners need not be joined when Debtors must in some cases be joined with not known in the transaction on which the the executor in a suit by a creditor; though bill is founded; 7 Blackf. 218. not ordinarily; Story, Eq. Pl. § 227 ; 1 Principal and agent should be joined if Johns. Ch. 305. Where there are several there be a charge of fraud in which the agent debtors, all must be joined ; 1 M'Cord, Ch. participated ; 3 Stor. 611; 12 Ark. 720; and 301; unless utterly irresponsible; 1 Mich. the agent should be joined where he binds 446. Judgment debtors must in some cases himself individually ; 3 A. K. Marsh. 484. be joined in suits between the creditor and See, also, 5 H. & J. 147; 8 Ired. Eq. 229; assignees or mortgagees; 5 Sandf. 271. 2 D. & B. 357 ; 1 Barb. Ch. 157.
Executors and administrators should be Trustee and cestui que trust. If a trustee has made parties to a bill to dissolve a partner-parted with the trust fund, the cestui que trust ship; 21 Ga. 6; to a bill against heirs to dis- may proceed against the trustee alone to comcover assets ; 7 B. Monr. 127; to a bill by pel satisfaction, or the fraudulent assignee creditors to subject lands fraudulently con- may be joined with him at the election of the veyed by the testator their debtor, to the sat- complainant; 2 Paige, Ch. 278.
The trustees under a settlement of real 700; on the lease by both of lands in which estate, against whom a trust or power given she has a life estate, where the covenant runs to them to sell the estate is to be enforced, to both ; 20 Barb. 269; but on a covenant are necessary parties to a suit for that pur- generally to both, the husband may sue alone pose ; 39 E. 1. & Eq. 76. See, also, id. 225; 2 Mod. 217; 1 B. & C. 443 ; 1 Bulstr. 331 ; 24 Miss. 597; 19 How. 376; 5 Du. N. Y. in all actions in implied promises to the wife 168; 8 Md. 34.
acting in autre droit; Comyns, Dig. Baron
8 F. (V); 9 M. & W. 694; 4 Tex. 283; as to AT LAW.
suit on a bond to both, see 2 Penning. 827; In actions ex contractu.
on a contract running with land of which
they are joint assignees; Woodf. Landl. & T. All who have a joint legal interest or are 190; Cro. Car. 503 ; in general, to recover jointly entitled must join in an action on a any of the wife's choses in action where the contract, even though it be in terms several, cause 'of action would survive to her; Co or be entered into by one in behalf of all; myns, Dig. Baron & F. (V); 1. Chitty, Pl. Brown, Partn. 18; i Saund. 153; Archb. 17; i Maule & S. 180; 1 P. A. Browne, Civ. Pl. 58; Metc. Yelv. 177, n. 1; 10 263 ; 13 Wend. 271 ; 10 Pick. 470; 9 Ired. East, 418; 8 S. & R. 308 ; 15 Me. 295; 163; 21 Conn. 557 ; 24 Miss. 245; 2 Wisc. 22. 3 Brev. 249; 3 Ark. 565; 16 Barb. 325: They may join at the husband's election in as, where the consideration moves from suit on a covenant to repair, when they beseveral jointly; 2 Wms. Saund. 116 a; come joint grantees of a reversion; Cro. Jac. 4 M. & W. 295; 5 id. 698 ; or was taken 399; to recover the value of the wife's choses froin a joint fund ; 19 Johns. 218; 1 Meigs, in action ; 5 Harr. Del. 57; 24 Conn. 45; 2 394.
Wisc. 22; 2 Mod. 217; 2 Ad. & E. 30; 2 One of several joint obligees, payces, or Maule & S. 396, n.; in case of joinder the assignees may sue in the name of all; 10 action survives to her; 6 M. & W. 426; 10 Yerg. 235. See 4 Saund. 657.
B. & C. 558; in case of an express promise Some contracts may be considered us either to the wife, or to both where she is the meri. joint or several, and in such case all may torious cause of action ; Cro. Jac. 77, 205; join, or each may şue separately; but part 1 Chitty, Pl. 18; 5 Harr. Del. 57; 32 Ala. cannot join leaving the others to sue sepa- N. s. 30. rately.
They must, in general, be joined in actions In an action for a breach of a joint contract on contracts entered into by the wife dum made by several, all the contracting parties sola; 1 Kebl. 281; 2 Term, 480; 7 id. 348; should be made defendants; 1 Saund. 158|1 Taunt. 217; 7 id, 432; 8 Johns. 149; n. ; even though one or more be bankrupt or Grant, Cas. 21; 5 Hurr. 'Del. 357; 25 Vt. insolvent; 2 Maule & S. 33; but see i Wils. 207; see 15 Johns. 403 ; 17 id. 167; 7 Mass 89; or an infant; but not if the contract be 291; where the cause of action accrues against utterly void as to him; 3 Taunt. 307; 5 the wife in autre droit ; Cro. Car. 518. They Johns. 160, 280; 11 id. 101; 5. Mass. 270; may be joined when the husband promises
anew to pay the debt of the wife contracted On a joint and several contract, ench may dum sola; 1 Term, 349 ; for rent or breaches be sued separately, or all together; 1 Pet. 73'; of covenant on a joint lease to both for the
wife's benefit; Broom, Part. 178, 179. Executors and administrators must bring Joint tenants must join in debt or an avowry their actions in the joint names of all; 3 for rent; Broom, Part. 24; but one of sevScott, N. R. 728; 1 Saund. 291 ; 2'id. eral may make a separate demise, thus sever213; 2 N. & M.C. 70; 2 Penning. 721; 1 ing the tenancy; Bacon, Abr. Joint Ten. Dutch. 374; even though some are infants ; (H 2); 12 East, 39, 57, 61 ; 3 Campb. 190.; Broom, Part. 104.
and one may maintain ejectment against his All the executors who have proved the will co-tenants ; Woodf. Landl. & T. 789. are to be joined as defendants in an action on Partners must all join in suing third parthe testator's contract ; Broom, Purt. 196, ties on partnership transactions ; 1 Esp. 183 ; ZoLev. 161; 1 Cr. M. & R. 74; 4 Bingh! 2 Campb. 302 ; 18 Barb. 534; 7 Rich. 118; 2014; But an executor de son tort is not to including only those who were such at the be joined with the rightful executor.
And time the cause of action accrued ; Broom, the executors are not to be joined with other Part. 65; although one or more may have persons who were joint contractors with the become insolvent; 2 Cr. & M. 318; but not deceased ; 2 Wheat. 344; 6 S. & R. 272; joining the personal representative of a deAdministrators are to be joined, like ex- 225; 4 B. & Ald. 374; 9 B. & C. 538; with
ceased partner; 2 Salk. 444; 2 Maule & S. ecutors; Comyns, Dig. Administrators (B a limitation to the actual parties to the instru12). Foreign executors and administrators ment in case of specialties; 6 Maule & S. 75; are not recognized as such, in general; 2 and including dormant partners or not, at the Jones, Eq. 276 ; 10 Rich. 393: Ind. u. election of the ostensible partners; 2 Esp.
Husband and wife must join to recover 468; 10 B. & C. 671; 4 B. & Ald. 137. See rent due the wife before coverture on her 4 W'end. 628. Where one partner contracts lease while sole ; Co. Litt. 556; Cro. Elier in his name for the firm, he may sue alone, or
1 Pick. 500,
1 Wend. 524.
all may join; 4 B. & Ad. 815; 4 B. & Ald. the words spoken are actionable per se, for 437; but alone if he was evidently dealt with the direct injury; 4 M. & W. 5; 22 Barb. As the sole party in interest; 1 Maule & S. 396; 2 Hill, N. Y. 309; 2 T. B. Monr. 56; 249.
25 Mo. 580; 4 Iowa, 420; 11 Cush. 10; and The surviving partners; 3 Ball & B. 30; in ejectment for lands of the wife; Broom, 1 B. & Ald. 29, 522; 18 Barb. 592; must Part. 235; 1 Bulstr. 21. all be joined as defendants in suits on part They must be joined as defendants for torts nership contracts; 1 East, 30. And third committed by the wife before marriage; Co. parties are not bound to know the arrange- Litt. 351 b; 5 Binn. 43; or during coverture ; ments of partners amongst themselves ; 4 19 Barb. 321; 2 E. D. Smith, 90; or for Maule & S. 482; 8 M. & W. 703, 710.
libel or slander uttered by her; 5 C. & P. A partner need not be joined if he was not 484; and in action for waste by the wife, known as such at the time of making the con- before marriage, as administratrix; 2 Wms. tract and there was no indication of his being Ex. 1441. a partner; 1 Bosw. 28; 19 Ark. 701. And
They may be joined in trespass for their see PARTNERSHIP.
joint act; 2 Stra. 1094 ; 4 Bingh. N. C. 96 ; Tenants in common should join in an action 3 B. & Ald. 687; 6 Gratt. 213. on any joint contract; Comy'ns, Dig. Abate Joint tenants and parceners, during the ment (E 10).
continuance of the joint estate, must join in Trustees must all join in bringing an ac- all actions ex delicto relative thereto, as in tion; 1 Wend. 470.
trespass to their land, and in trover or reple
vin for their goods ; 2 Bia. Com. 182, 188; In actions ex delicto.
Bacon, Abr. Joint Ten. (K); 2 Salk. 205 ;
29 Barb. 29. Joint tenants may join in an Joint owners must, in general, join in an action for slander of the title to their estate, action for a tortious injury to their property; 3 Bingh. 455. They should be sued jointly, 1 Saund. 291 9; 6 Term, 766 ; 7 idl. 297; 11 in trespass, trover, or case, for any thing reN. H. 141; in trover, for its conversion ; 5 specting the land held in common; 5 Term, East, 407; in replevin, to get possession ; 6 651; Comyns, Dig. Abatement (F 6); Wms. Pick. 571; 8 Mo. 522; 15 Me. 245; or in Saund. 291 e. Joint tenants should join in an detinue, for its detention, or for injury to avowry or cognizance for rent; 3 Salk. 207; land; 3 Bingh. 455 ; 29 Barb. 9.
1 id. 390; or for taking cattle damage feasant; So may several owners who sustain a joint Bacon, Abr. Joint Ten. (K); or one joint tendamage; 1 W. & M. 223.
ant should avow in his own right, and as For injury to the person, plaintiff's cannot, bailiff to the other; 3 Salk. 207. But a in general, join; 2 Wms. Saund. 117 a; tenant in common cannot avow the taking of Cro. Car. 512; Cro. Eliz. 472.
the cattle of a stranger upon the land damage Partners may join for slanders; 3 Bingh. feasant, without making himself bailiff or 452; 10 id. 270; 1 C. & K. 568; 8 C. & P. servant to his co-tenant; 2 H. Bla. 388, 389; 708; for false representations ; 17 Mass. 182; Bacon, Abr. Replevin (K). injuring the partnership.
Master and servant, where co-trespassers, An action for the infringement of letters should be joined though they be not equally patent may be brought jointly by All the par. culpable; 2 Lev. 172; 1 Bingh. 418; 5 B. ties who at the time of the infringement were & C. 559. Partners may join for a joint inthe holders of the title; i Gall. 429; 1 jury in relation to the joint property; 3 C. & McAll. 82.
P. 196. They may be joined as defendants In cases where several can join in the com- where property is taken by one of the firm mission of a tort, they may be joined in an for its benefit; i C. & M. 93; and where action as defendants; 3 East, 62; 6 Taunt. the firm makes fraudulent representations as 29; 14 Johns. 462; 19 id. 381; as, in to the credit of a third person, whereby the trover; 1 Maule & S. 588; in trespass ; 2 firm gets benefit; 17 Mass. 182. Wms. 117 a; for libel; Broom, Part. 249, Tenants in common must join for a trespass not for slander; Cro. Jac. 647; in trespass ; upon the lands held in coinmon; Littleton, 1 C. & M. 96.
$ 315; 15 Johns. 497 ; 8 Cow, 304; 28 Husband and wife must join in action for Me. 136; or for taking away their comdirect damages resulting from personal injury mon property; Cro. Eliz. 143; or for detainto the wife; 3 Bla. Com. 140; 4 Iowa, 420; ing it; i Hill, N. Y. 234; or for a nuisance in detinue, for the property which was the to their estate; 14 Johns. 246. wife's before marriage; 2 Tayl. 266; see 30 In CRIMINAL CASES. Two or more perAla. N. s. 582; for injury to the wife's pro sons who have committed a crime may be perty before marriage; 2 Jones, No. C. 59; jointly indicted therefor; 7 Gratt. 619; 6 where the right of action accrues to the wife McLean, 596; 10 Ired. 153 ; 8 Blackf. 205 ; in autre droit; Comyns, Dig. Baron f. F. only where the offence is such that it may be (V); 11 Mod. 177; 2 B. & P. 407; and, committed by two jointly; 3 Sneed, 107. generally, in all cases where the cause of ac They may have a separate trial, however, tion by law survives to the wife ; 4 B. & Ald. in the discretion of the court; 15 Ill. 536 : 1 523 ; 10 Pick. 470; 35 Me. 89.
Park. Cr. Ca. 424; 7 Gratt. 619; 10 Cush. They may join for slander of the wife, if | 530; 5 Strobh. 85; 9 Ala. x. s. 137; and