Definition of DEFECT OF PARTIES in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEFECT OF PARTIES
In pleading and practice. Insufficiency of the parties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omission or failure to join plaintiffs or defendants who should have been brought in; never applied to a superfluity of parties or the improper addition of plaintiffs or defendants. Porter Const. Co. v. Berry, 136 Or. 80, 298 P. 179, 182; Salisbury v. Berry Motor Co., 122 Neb. 605, 241 N.W. 86, 87; De Pass v. City of Spartanburg, 190 S.C. 22, 1 S.E.2d 904, 908. It is not synonymous with "misjoinder of parties". Okmulgee Supply Co. v. Rotman, 144 Okl. 293, 291 P. 1, 2.
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