from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
NON JOINDER, pleading, practice. The omission of some one of the persons who
ought to have been made a plaintiff or defendant along with others is called
a non joinder.
2. In actions upon contracts, where the contract has been made, with
several, if their interest were joint, they must all, if living, join in
the action for its breach. 8 S., & R. 308; 10 S. & R. 257; Minor, 167;
Hardin, 508. In such case the non joinder must be pleaded in abatement. Id.;
3 Bouv. Inst. n. 2749.