IN CRIMINAL CASES. Different offences of the same general nature may be joined in the same indictment ; Johnson v. State, 29 Ala. 62, 65 Am. Dec. 383; Sarah v. State, 28 Miss. 267, 61 Am. Dec. 544; Bailey v. State, 4 Ohio St. 440; U. S. v. O'Callahan, 6 Mc Lean 596, Fed. Cas. No. 15,910; People v. Hulbut, 4 Denio (N. Y.) 133, 47 Am. Dec. 244; Baker v. State, 4 Ark. 56; Benson v. Com., 158 Mass. 164, 33 N. E. 384; Burrell v State, 25 Neb. 581, 41 N. W. 399; and it is no cause of arrest of judgment that they have been so joined; 29 E. L. & Eq. 536; State v. Fowler, 28 N. H. 184; Stephen v. State, 11 Ga. 225; U. S. v. Stetson, 3 W. & M. 164, Fed. Cas. No. 16,390; but not in the same count; Kenney v. State, 5 R. I. 385; State v. Bridges, 24 Mo. 353; Greenlow v State, 4 Humphr. (Tenn.) 25; see 9 L. R. A. 182, note; and an indictment may be quash ed, in the discretion of the court, where the counts are joined in such manner as will confound the evidence ; State v. Jackson, 17 Mo. 544, 59 Am. Dec. 281.
No court, it is said, will, however, permit a prisoner to be tried upon one indictment for two distinct and separate crimes; Steph. Cr. Proc. 154; State v. Fowler, 28 N. H. 184. See Withers v. Com., 5 S. & R. (Pa.) 59; Com. v. Hills, 10 Cush. (Mass.) 530.
Where, out of precaution to meet every aspect of a single offence, an indictment charges distinct crimes, and no attempt is made to convict accused of disconnected of fences, the state will not be compelled to elect on which he shall be tried; Butler v. State, 91 Ala. 87, 9 South. 191. Three sepa rate offences, but not more, against the pro visions of U. S. R. S. § 5480, prohibiting the use of the mails with intent to defraud, when committed within the same six calen dar months, may be joined, and when so joined there is to be a single sentence for all, but this does not prevent other indict ments for other offences under the same stat ute committed within the same six calendar months ; In re Henry, 123 U. S. 372, 8 Sup. Ct. 142, 31 L. Ed. 174.
In Demurrer. The answer made to a de murrer. Co. Litt. 71 b. The act of making such answer is merely a matter of form, but must be made within a reasonable 'time ; Thompson v. Goudelock, 10 Rich. (S. C.) 49.
Of Issue. 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 antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "and of this he puts him self 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.
Of Parties. IN CIVIL CASES. IN EQUITY. All parties materially interested in the sub ject of a suit in equity should be made par ties, however numerous; Mitt Eq. Plead. 144; Mechanics' Bank v. Seton, 1 Pet. (U. S.) 299, 7 L. Ed. 152 ; Northern Indiana R. Co. v. R. Co., 5 McLean 444, Fed. Cas. No. 10,321; Hussey v. Dole, 24 Me. 20; Crocker v. Higgins, 7 Conn. 342; Oliver v. Palmer, 11 Gill & J. (Md.) 426; Vanhorn v. Duckworth, 42 N. C. 261; either as plaintiffs or defend ants, so that there may be a complete decree which shall bind them all; Christian v. R. Co., .133 U. S. 233, 10 Sup. Ct. 260, 33 L. Ed. 589; Gregory v. Stetson, 133 U. S. 579, 10 Sup. Ct. 422, 33 L. Ed. 792. But, where the parties are very numerous, and sue in the same right, a portion may in some cases ap pear for all in the same situation ; 16 Ves. 321; New-London Bank v. Lee, 11 Conn. 112, 27 Am. Dec. 713; Dennis v. Kennedy, 19 Barb. (N. Y.) 517. See Hills v. Putnam, 152 Mass. 123, 25 N. E. 40.
Mere possible or contingent interest does not render its possessor a necessary party; Kerr v. Watts, 6 Wheat. (U. S.) 550, 5 L. Ed. 328; Townsend v. Auger, 3 Conn. 354; Reid v. Vanderheyden, 5 Cow. (N. Y.) 719. Contingent remaindermen are not necessary parties to a suit to set aside the deed creat ing the remainder ; Temple v. Scott, 143 Ill. 290, 32 N. E. 366; nor a residuary legatee to a bill filed by a legatee or creditor to assert a claim against the estate of a testa tor ; Melick v. Melick, 17 N. J. Eq. 156.
There need be no connection but commu nity of interest; Brooks v. Harrison, 2 Ala. 209. It is not indispensable that all the par ties to a suit should have an interest in all the matters contained in the suit, but it will be sufficient if each party has an interest in same material matters in the suit, and they are connected with the others ; Brown v. Safe Deposit Co., 128 U. S, 403, 9 Sup. Ct 127, 32 L. Ed. 468.
A court of equity, even after final hear ing on the merits and on appeal to the court of last resort, will compel the joinder of nec essary parties ; O'Fallon v. Clopton, 89 Mo. 284, 1 S. W. 302.