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Home » Law Dictionary » P » PARTY

PARTY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A person, corporation or other legal entity that is (a) engaged in a lawsuit such as the party that files a lawsuit (the plaintiff or petitioner) or the party or parties that defend a lawsuit (the defendant or respondent) or (b) involved in an act or transaction, e.g. a party to a contract. A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. See Parties. The term “parties” Includes all persons who are directly interested in the subject matter in issue, who have a right to make defense, control the proceedings, or appeal from the judgment. Strangers are persons who do not possess these rights. Hunt v. Haven, 52 N. H. 162. “Party” is a technical word, and has a precise meaning in legal parlance. By it is understood he or they by or against whom a suit is brought, whether in law or equity; the party plaintiff or defendant, whether composed of one or more individuals, and whether natural or legal persons, (they are parties in the writ, and parties on the record;) and all others who may be affected by the suit, indirectly or consequentially, are persons interested, but not parties. Merchants’ Bank v. Cook, 4 Pick. 405. Party and party. This phrase signifies the contending parties in an action; i.e., the plaintiff and defendant, as distinguished from the attorney and his client It is used in connection with the subject of costs, which are differently taxed between party and party and between attorney and client. Brown. Real party. In statutes requiring suits to be brought in the name of the “real party in interest, this term means the person who is actually and substantially interested in the subject matter, as distinguished from one who has only a nominal, formal, or technical interest in it or connection with it Hoagland v. Van Etten, 22 Neb. 681, 35 N. W. 870; Gruber v. Baker, 20 Nev. 453, ,23 Pac. 858, 9 L. R. A. 802; Chew v. Bmmag en, 13 Wall. 504, 20 L. Ed. 663. Third parties. A term used to include all persons wh« are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. Morrison t. Trudeau (La.) 1 Mart (N. S.) 384. PARTY, adj. Relating or belonging to, or composed of, two or more parts or portions, or two or more persons or classes of persons. Party jury. A jury de medietate lingua; (which title see.)Party structure is a structure separating buildings, stories, or rooms which belong to different owners, or which are approached by distinct staircases or separate entrances from without, whether the same be a partition, arch, floor, or other structure. (St 18 & 19 Vict. c. 122,

Related Posts:

  • DEFENDANT
  • PARTIES
  • PROPER PARTY
  • NOMINAL PARTY
  • PARTIES TO ACTIONS
  • IMPLEADER

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