Defendant

One who is called upon in a court to make satisfaction for an injuiy done or complained of. 2 A person sued or prosecuted; a respondent. In the rules in admiralty, framed by the Supreme Court, " defendant" is used indifferently for a respondent in a suit in personam and for a claimant in a suit in rem.^ Co-defendant. A joint or fellow defendant. Defendant above or defendant in error. The party against whom a writ of error is taken.

Material defendant

In equity, a defendant against whom relief is sought; opposed to nominal defendant. Where a code provided that a bill in equity should be filed in the district where the defeadants or a material defendant resides, it was held that the object was to discriminate between defendants whose attitude to the case does, and does not, make them real participants in the htigation, that a material defendant was one who is really interested in the suit, and against whom a decree is sought.* As employed in sections of a code relating to jurisdiction, the word " defendants " was held to mean not nominal defendants merely, but parties who had a real and substantial interest adverse to the plaintiff, and against whom substantial relief was sought; and that to decide otherwise would encourage colorable practices for defeating jurisdiction in the particular class of cases." In a judgment, "defendant" maybe a collective term, embracing all who by the record are liable under the judgment. " A garnishee is a " defendant in the action," who, in pursuance of a statute, may be restrained from disposing of property to the injuiy of the attaching creditor.' In the Massachusetts Gen. Sts. o. 146, § 38, providing that, if an execution has not been satisfied, the court, " upon petition of the defendant," may order a stay, if the petitioner gives the adverse party security for the prosecution of the review, refers to the party 1 Hubert v. Eecknagel, 13 F. E. 913 (1882).

2 [3 Bl. Com. 25.] » Atlantic Mutual Marine Ins. Co. v. Alexander, 16 F. E. 281 (1883). ' Lewis I'. Elrod, 38 Ala. 31 (1861), Wa Uier, 0.

J. « Allen V. Miller, 11 Ohio St. 378 (1860). against whom t He judgment sought to be reversed is rendered, not to the defendant in the original action,' Ordinarily, a municipal corporation is not affected by a law which speaks in general terms of defendants, unless expressly brought within the provisions.'' Compare Litigant; Pakty; Plaintiff; Respondent; Suitor. See Delictum, In pari, etc.