Page:Black's Law Dictionary (Second Edition).djvu/670

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


though married, (-all their own. When these- jocnliu are not suitable to her degree, they are assets for the payment of debts. ' ltolle. Alir. 911.

JOCEIJ-:'J.‘. A little manor or farm. ell.


JOCUS. In old English law. of hazard. Reg. Orig. 290.

A game

JOCUS PARTITUS. In old English practice. A dlvidcd game, risk, or hazard. An arrangement which the parties to a suit were anciently sometimes allowed to make by mutual r’Igl'BPDJ€'llt upon a certain hazard. as that one should lose if the case turned out in a certain way, and. If It did not, that the other should gain. Bract. fols. 211b, 3791;, 432. 434. 200b,

JOHN D01-:. The name which was uslmilv given to the tictitiriiis lessee of the plaintiff in the mixed ac-tion of ejectment. He “-15 sometimes called "Goodtille." So the Itoinzins had their tictltions personnges in la“ proceedings, as Tiliux, Soius.

.i0INDI-IR. Jolnlng or coupling together; uniting two or inure constituents or ele- iiiiuts in one: uniting with another person in some lrgai step or proceeding

_—-Joind.e_r- in demurrer. When a defendant in an action tenilers an issue of law. (called in '(l_(‘I]lI1l:l'Ql'.")_tllB plnintifi, if he means to mixintiin his aclion. must accept it, and this ac- ‘3t‘1I(l1l.IL'_e o_f the ‘ ‘ ‘ -‘s tender. ' “ by rlii=_p_lainiid in 11 set form of words, is called a ‘Joinder in d('l’|'.lI.ll'I'El'." Broivn.—-Joinder in “!“E- 1“ _Dle-irlinE- _fn_i-miila by which one 9f '5l|9_lJl1rties to B suit ]Dli:is iu nr accepts an issue in fact to. cred by the opposite party. 5 . More commonly termed a _ . —Joindex- in pleading. Accepting the lssiie, and mode of trial tendered. Hillier by demuri'(=.r. error, or issue. in fact, by the opposite plJ'l"ty.—Jaindex' of actions. This expression signifies the unltlng of two or more demands or rights of action in one action: the statement of more than one cause of action in i_1 declare-tion.—'l'oinder of error. In proceedings on a writ of error in criminal cases, the ]0Il'l.dE!‘ of error is a vii-ittcn denial of the errors nlle ad in lh_e_assignrnent of errors. It an-

to El JOln(lEl‘ of issue in an nction.—-

Jo den‘ of offenses. The uniting of several -listinci‘. clinrzes of crime in the some indict- ment or prosecution.—Jninder of parties. The unitlng of two or more neisons as r-n-plain- liffs or as c_n-defendants in one suit.—Misjoinder-. The improper joining together of parties in a suit, as plaintiffs or defendants, or of different causes of action. Burstiall v. Beyfiis. 53 Law J, Ch. 5t‘ii: Phenix Iron Founilrv v. I.or:l-(wood. 21 R. I. 5513. 45 At]. fr1(i.—Non- joinder. The omission to join some person as party to A suit, whether as plaintiff or defcudanl, uho OIIX.'l|i' to have been so joined. ac- iuidini: to the rules of pleading and practice.

JOINT. United: coinhined: undlvided: done by or ualnst two or more unltediy: shared b\ or between two or more.

A “j I] bond. note, or other obligation is one ln iiliicli the obligors or makers (being two or more in number) bin_d themselves jointly but not severally, and which must therefore be



pl'0S(‘(.‘1Il.Ed in a jolnt action against them all. A “joint and several" bond or note is one in which the Dl)ll,‘.',(JI‘S or makers bind themselies both jointly and individually to the oliligce or payee, and which may be enforced either by in Joint action against them all or by Ee|)l1l'll[B actions against any one or more at the election of the creditor.

—-Joint action. An action In which there are two or more plaintiffs, or two or more defendants.—Joint debtor acts. Statutes enacted in many of the states, which provide that juilgzineni may he givcii for or against one or more of siveml pl: ntifis, and for or against one or more of several defendants, and that. "in on action against several defendants. fine court may, in its discretion. render judgment against one or more of them, leaving the action to prir ceed against the others, whenever a seversl judgment is proper." The name is also given to statutes providing that where an action is lnstitiited against two or more defendants upon an 5llle§.Il'l.l joint liability, and some of them are served with [ll'()( PS5, but jlI!'lS(lll‘l.i0B is not obtained over the others, the plaintiff may still proceed to trial against those who are before the court. rind, if he recovers, may have judgment against all of the defendants whom he shows t_o be jointly liable. 1 Black. Judgm. §§ 203 And see Hall v. Lanning. 91 U. S. 16. L. Ed. ‘.‘T1.%oint debtor-I. Persons iini L‘ in a joint liability or inili-btedi.iess.—Joint lives. This expression is used to designate l,lI(' duration of an estate or right Wllull is grunted to two or more persons to be enjoyed so long as they both (or all) shall live. As span as one dies, the interest deter-mlnes. See High- ley v. Allen. 3 Mo. App. 524,

As to joint "AdV('lltl'l1‘(-‘.‘." "B.-illot," “Coni- n.iltl;ee," “Contra(st," "Coveuiint." “Creditor?” “Execntors," "Flat." “Fine." “Heirs." “Inditrtnient." “SPs.inn," "Tenancy." “'l‘cnants," “'1. n“ and ‘‘Trustees.'‘ see those tl- tles. As to joint-stock iianks, see BANK;

joint-stock company. see COMPANY: joint- stock corporation. see C0l'€l"(7RA'1‘l()r‘1. JOINTLY. Acting together or in con-

cert or co-opeiation; holding in common or interde[iendentl_v. not separately. Reclamation Dist 5'. Parviu. 67 Cal. 501, 8 Pac. 4o: Goid 8; Stock Tel. Co. v. (‘onimerclal Tel Co (C. C.) 23 Fed. 342: Case v. Owen. 13') Ind. 22, 38 N. E. 395, 47 Am. St. Rep. 233 Persons are “jointly bound" in :1 bond or note when both or nil must be sued in one actinn for its enforcement. not either one at the election of the creditor.

  • 'l'ointly and severally. Persons who hind

themselves "jointly nnd sewerzill_v" in a bond or note may all be sued togetlier for its enforcement. or the credltor may select any one or more as the object of his suit. See Mitchell v. Darricott. 3 Brev. (S. C.) 145-. Rice v. Gave, 22 Pick. (Mass) 158. 33 Am. Dec. 724.

JOINTRESS, JOINTURI-JSS. Awomaii who has an estate settled on her by her hus- hand, to hold during her life, if she survive hlin. Co. Lltt. 46.

JOINTUIRE. A freehold estate in lands or tenements secured to the wife, and to take effect on the decease of the husband. und to continue during her life at the least.

unless she be herself the cause at its determination. Vance v. Vance, 21 Me. 3429.