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Joinder of Parties

By Charles E. Clark


The subject of joinder of parties is peculiarly interesting in that it shows the growing tendency to develop procedural rules towards the end of prompt dispatch of litigation. At common law the rules of party-joinder depended entirely on what was conceived to be the substantive rights of the parties litigant; and the idea of employing the rules of joinder as a procedural device to save many trials by deciding at one time issues affecting several persons came later through the code adoption of the more liberal equity rules of joinder. Even under the code the idea was only imperfectly perceived or carried out and it is only now in a few jurisdictions-notably England, New York and New Jersey-that the possibilities of thus somewhat relieving the press of cases upon the courts are being at all adequately realized. The subject can best be understood by tracing this course of development through the various systems of pleading

Topics: Joinder of Parties (with Herbert Brownell, Jr.), 37 Yale Law Journal 28 (1927), Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1927
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