Non Joinder

The omission of some one of the persons who ought to have been made a plaintiff or defendant along with others is called a non joinder.

In actions upon contracts, where the contract has been made with several, if their interest were joint they must all, if living, join in the action for its breach. In such case the non joinder must be pleaded in abatement.

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
   

When a person who should have been made a party to a legal proceedings has been forgotten or omitted. - (read more on Non-joinder)