It is proposed to consider, 1. The interest which they have in the estate of the deceased. 2. How far they are liable for each other's acts. 3. The rights of the survivor. 2. Section 1. Joint executors are considered in law as but one person, representing the testator, and, therefore, the acts of any one of them, which relate either to the delivery, gift, sale, payment, … [Read more...]
JOINDER OF ACTIONS
practice. The putting two or more causes of action in the same declaration. 2. It is a general rule, that in real actions there can never be but one count. A count in a real, and a count in a mixed action, cannot be joined in the same declaration; nor a count in a mixed action, and a count in a personal action; nor a count in a mixed action with a count in another, as ejectment … [Read more...]
JOINT LIABILITY
The liability of two or more persons or parties for a liability, debt or judgment. … [Read more...]
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 … [Read more...]
JOINT OBLIGATION
Where 2 or more persons or parties have a duty to perform or ensure the completion of the same obligation. … [Read more...]