misjoinder of causes of action – improper joining of two or more causes of action which should not be joined due to the lack of consistency between the causes

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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. 1 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. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6 

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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