Plaintiff

Originally, one who makea plaint, q. v. The party in whose favor the plaint or suitpurports, on the record, to have been instituted.5 One who complains of injury done, in court. ^ Whoever brings a suit, bill, or complaint, is e "party plaintiff," and whoever is bound to appear and defend is the party defendant,' g, v. In common-law proceedings *e speak of the actor (the party bringing suit) as " plaintiff," and in equity proceedings as "complainant," — a distinction without a difference. The terms are convertible, although, for the pm-pose of distinguishing whether the suit is at law or in equity, the different names are sometimes used. In the equity rules of the Supreme Court, the actor is always called plaintiff.^ Legal plaintifT. He in -whom the legal title or cause of action is vested, Eciuitable plaintiff. He who in equity is entitled to the thing sued for.

Nominal plaintiff

One who is named as plaintiff, but yet has no interest in the controversy, having assigned his right to ^mother for whose use the action is maintained, and who is therefore the use or real plqintiff. Plaintiff in error. The party who sues out a writ of error. Called also the 'plaint- ' Porter v. Gilkey, 57 Mo. 237 (1674). ''Mann v. Morewood, 5 Sandf. 664 (1852).

8 F. pleinte; L. planctus^ lamentation, lament. < 3 Bl. Com. 273. ' Henry v. Bank of Salina, 5 Hill, 538 (1843). «3B1.

Com. 25. ' Canaan v. Greenwoods Turnpike Co., 1 Conn. 9 iff above: the plaintiff in the appellate tribunal.

See Actor; Appellant; Assign, 1; Call; Complainant; Libelant; Litigant; Orator; Party; Prosecutor; Relator; Suitor.