It is not the purpose of this discussion to deal with all the provisions in the Revised Code relating to parties to actions and suits, but only with those which have been newly adopted in the revision. Most of the technicality which has heretofore hampered procedure involving the law of parties has prevailed in the common law actions, rather than in suits in equity; particularly, in the rules controlling joinder of parties and defining the consequences of misjoinder and nonjoinder of parties. The nature and effect of these rules at the common law and of the statutory modifications prior to the Revised Code, many of which modifications have been carried into the revision without change, have been comprehensively discussed in prior numbers of this publication. Efforts of the revisers were largely directed toward elimination of the evils there criticised, and hence were chiefly concerned with problems relating to joinder of parties in common law actions and the consequences of misjoinder and nonjoinder thereof. Consequently, a reading of the former discussion will serve the double purpose of furnishing a prior common law and statutory background for explanation of the effects of the new provisions and of directing attention to the nature of the evils intended to be corrected. It is perhaps unnecessary to state that no attempt will be made to cover all the provisions in the Revised Code which in some particular may affect parties to actions or suits, but only those which have a more prominent general application.
Parties to Actions and Suits under the Revised Code,
W. Va. L. Rev.
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