MISJOINDER

(A) Refers to a wrongful joinder, such as joining parties who have adverse positions or joining in a case other parties whose case in issue deals with a completely different transaction or event than the case at bar. (B) pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does not permit to be joined, to enforce several distinct, substantive rights of recovery; as, where a declaration joins a count in trespass with another in case, for distinct wrongs or a count in tort, with another in contract. 2. Misjoinder of parties, consists in joining as plaintiffs or defendants, persons, who have not a joint interest. When the misjoinder relates to the plaintiffs, the defendants may, at common law, plead the matter in abatement, whether the action be real; or mixed; or it will be good cause of nonsuit at the trial. Where the objection appears upon the face of the declaration, the defendant may demur generally; or move in arrest of judgment; or bring a writ of error. 3. When in actions ex contractu against several, there is a misjoinder of the defendants, as if there be too many persons made defendants, and the objection appears on the pleadings, either of the defendants may demur, move in arrest of judgment, or support a writ of error; and, if the objection do not appear on the pleadings, the plaintiff may be nonsuited upon the trial, if he fail in proving a joint contract.