Party
A person concerned or having or taking part in any affair, matter, transaction or proceeding, considered individually. See Parties. The term "parties" includes nil 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 ali others who may be affected by the snit, indirectly or consequentially, are persons interested, but not parties. Merchants' Bank v. Cook, 4 Pick. 405.
—Party and jiarty. This phrase signifies the contending parties in an action ; i. e., the plnin-ilff and defendant, as distingnished from the attorney and his client It la 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 snits 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 distingnished from one who bas only a nominal, forma], 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. 458, ,23 Pac. 858, 9 L. R. A. 802'; Chew v. Brumag-en. 13 Wall 504, 20 In Ed. 60S,
—Third parties. A term nsed to include all persons who 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 v. Trudeau (La.) 1 Mart. (N. S.) 384.