JOINDER IN DEMURRER. When a demurrer is offered by one party, the adverse¹ party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Co. Litt. 71 b. But this is a mere² formality.

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 antagonist³, 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 denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined.

JOINDER OF PARTIES TO ACTIONS. It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach⁴ of such contract; whether the parties are too many or too few, it is equally fatal. 8 S. & R. 308: 4 Watts⁵, 456; 1 Breese, 286; 6 Pick. 359. 6 Mass. 460; 2 Conn. 697; 6 Wend. 629; 2 N. & M. 70; 1 Bailey, 13; 5 Verm. 116; 3 J. J. Marsh⁶. 165; 16 John. 34; 19 John. 213; 2 Greenl. 117; 2 Penn. 817.

2. In actions ex contractu all obligors jointly⁸ and not severally liable, and no others, must be made defendants⁹. 1 Saund. 153, note 1; 1 Breese, 128; 11 John. 101; J. J. Marsh. 38; 2 John. 213.

3. In actions ex. delicto, when an injury is done to the property of two or more joint⁷ owners, they must join in the action. 1 Saund. 291, g; 11 Pick. 269; 12 Pick. 120; 7 Mass. 135; 13 John. 286.

4. When a tort is of such a nature that it may be committed by several, they may all be joined in an action ex delicto, or they may be sued severally. But when the tort cannot be committed jointly, as, for example, slander¹⁰, two or more persons cannot be sued jointly, although they may have uttered the same words. 6 John. 32. See, generally, 3 Bouv. Inst. n. 2648, et seq.

JOINT. United, not separate; as, joint action, or one which is brought by several persons acting¹¹ together; joint bond, a bond given by two or more obligors.

JOINT CONTRACT. One in which the contractors¹² are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation.

2. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor¹³, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner, &c. 1 Dall. 65, 248; Addis. on Contr. 285. And when the obligation or promise is to perform something jointly by the obligor or promissors, and one dies, the action must be brought against the survivor¹⁴. Ham. on Part. 156.

3. When all the parties interested in a joint contract die, the action must be brought by the executors or administrators¹⁵ of the last surviving, obligee¹⁶, against the executors or administrators of the last surviving obligor. Addis. on Contr. 285. See Contracts; Parties to Actions; Co-obligor.