Plaintiff

The complaining party; the person bringing an action at law, or a civil action as regulated by reformed codes of procedure. When several persons join in bringing an action, each one is a plaintiff: no tendency is noticed — as in the case of party (y. ».) — to speak of several individuals as composing one plaintiff. The word is not in common use for the party bringing a suit in a court of distinct equity jurisdiction, or instituting a special statutory proceeding. As used in the English judicature act, "plaintiff" includes every person askany other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons, or otherwise. In the case of the Bank of Salina ». Henry, it was said by the supreme court of New York, that, in the legal as well as in the ordinary use of the term, no one can strictly and properly be denominated a plaintiff in an action, unless he is named as such on the record. (1 Hill, 555, 557.) But the decision in this case was reversed by the court of errors, who held that the word plaintiff extended to a party in interest as plaintiff, although not the plaintiff on the record. (5 HiU, 523-547.) BurriU. Plaintiff in error. The party aggrieved by a judgment, who sues out a writ of error to review it; the prosecutor in a writ of error.