Joint tenants must join in debt or an avowry for rent ; Broom, Part. 24; but one of several may make a separate demise, thus severing the tenancy ; Bacon, Abr. Joint Ten. (H 2) ; 3 Campb. 190; and one may maintain ejectment against his co tenants; Woodf. Landl. & T. 789.
Partners must all join in suing third par ties on partnership transactions; 2 Campb. 302 ; De v. Darby, 7 Rich. (S. C.) 118 ; including only those who were such at the time the cause of action accrued; Broom, Part. 65; although one or more may have be come insolvent; 2 Cr. & M. 318; but not joining the personal representative of a de ceased partner ; 9 B. & C. 538. See Camp bell v. Pence, 118 Ind. 313; with a limitation to the actual parties to the instrument in case of specialties; 6 M. & S. 75; and includ ing dormant partners or not, at the election of the ostensible partners; 4 B. & Ald. 437. See Clark v. Miller, 4 Wend. (N. Y.) 628 ; Smith v. Ayrault, 71 Mich. 475, 39 N. W. 724, 1 L. R. A. 311. A partner who has sold his interest to another partner is not a necessary party to an action for an accounting of the partnership affairs; Kilhourm v. Sunderland, 130 U. S. 505, 9 Sup. Ct. 594, 32 L. Ed. 1005. Where one partner contracts in his name for the firm, he may sue alone, or all may join; 4 & Ad. 815; but alone if he was evidently dealt with as the sole party in interest; 1 M. & S. 249. Partners cannot sue or be sued in their copartnership name, but the in dividual names of its members must be set out ; Lewis v. Cline (Miss.) 5 South. 112 ; Dunham v. Schindler, 17 Or. 256, 20 Pac. 326.
The surviving partners; 1 B. & Ald. 29, 522; Voorhis v. Baxter, 18 Barb. (N. Y.) 592; must all be joined as defendants in suits on partnership contracts; 1 East 30. And third parties are not bound to know the arrangements of partners amongst them selves; 4 M. & S. 482 ; 8 M. & W. 703, 710.
A partner need not be joined if he was not known as such at the time of making the contract and there was no indication of his being a partner ; Lind. Part. 281; Hurl but v. Post, 1 Bosw. (N. Y.) 28; Hicks v. Maness, 19 Ark. 701. And see PARTNERSHIP.
Tenants in common should join in an ac tion on any joint contract; Comyns, Dig. Abatement (E 10).
Trustees must all join in bringing an ac tion; Brinkerhoff v. Wemple, 1 Wend. (N. Y.) 470.
In actions ex delicto. Joint owners must, in general, join in an action for a tortious injury to their property ; 1 Saund. 291 g; Pickering v. Pickering, 11 N. H. 141; in tro ver, for its conversion; 5 East 407; in re plevin, to get possession; Smoot v. Wathen,
8 Mo. 522 ; McArthur v. Lane, 15 Me. 245 ; or in detinue, for its detention, or for injury to land ; 3 Bingh. 455 ; Van Deusen v. Young, 29 Barb. (N. Y.) ‘9.
The grantor and grantee of land cannot join in a counter-claim for continuing tres passes on the land sold, since their rights of action are not joint ; Steinke v. Bentley, 6 Ind. App. 663, 34 N. E. 97. .
For injury to the person, plaintiffs cannot, in general, join; 2 Wms. Saund. 117 a; Cro. Car. 512 ; Cro. Eliz. 472.
Partners may join for slanders ; Lind. Part. 278; 8 C. & P. 708 ; for false repre sentations; Patten v. Gurney, 17 Mass. 182, 9 Am. Dec. 141; injuring the partnership. The joinder or non-joinder of a dormant partner constitutes no objection to the main tenance of a suit in any manner whatever ; Smith v. Ayrault, 71 Mich. 475, 39 N. W. 724, 1 L. R. A. 311.
In a suit against joint contractors, one of whom is dead, the survivors only should be made parties, the administrator of the de ceased partner not being necessary ; Stevens v. Catlin, 44 Ill. App. 114.
An action for the infringement of letters patent may be brought jointly by all the parties who at the time of the infringement were the holders of the title ; Whittemore v. Cutter, 1 Gall. 429, Fed. Cas. No. 17,600; Stein v. Goddard, 1 McAll. 82, Fed. Cas. No. 13,353.
In cases where several join in the com mission of a tort, they may be joined in an action as defendants; 6 Taunt. 29 ; Hyslop v. Clarke, 14 Johns. (N. Y.) 462 ; as, in tro ver ; 1 M. & S. 588 ; in trespass; 2 Wms. 117 a; for libel; Broom, Part. 249,—not for slander ; Cro. Jac. 647; in trespass; 1 C. & M. 96.
Husband and wife must join in aetion for direct damages resulting from personal in jury to the wife ; Schoul. Hush. & W. 167 ; 3 Bla. Com. 140 ; Wright v. Leclaire, 4 G. Greene (Ia.) 420; see Fournet v. S. S. Co., 43 La. Ann. 1202, 11 South. 541; In detinue, for the property which was the wife's before marriage; Arthstrong v. Simonton's Adm'r, 6 N. C. 351; Robinson v. Woodford, 37 W. Va. 16 S. E. 602; for injury to the wife's property before marriage; Hair v. Melvin, 47 N. C. 59 ; where the right of ac tion accrues to the wife in autre droit; Com. Dig. Baron & P. (V) ; 2 B, & P. 407; and, generally, in all cases where the cause of action by law survives to the wife; 4 B. & Ald. 523; Newell v. Newton, 10 Pick. (Mass.) 470; Starbird v. Inhabitants of Frankfort, 35 Me. 89.