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.

adj. Relating or belonging to or composed of, two or more parte 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 stracinre. (St 18 & 19 Viet. c. 122, § 3.) Mozley & Whitley. -Party-wall. A wall built partly on the land of one owner, and partly on the land of another, for the common benefit of both in supporting timbers used in the construction of contiguous buildings. Brown v. Werner, 40 Md. 19. In the primary and most ordinary meaning of the term, a party-wall is
(1) a wall of which the two adjoining owners are tenants in common. But it may also mean
(2) a wall divided longi-fudinally into two strips, one belonging to each of the neighboring owners;
(3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to bave it maintained as a dividing wall between the two tenements, (the term is so used in some of the English building acts ;) or
(4) a wall divided longitudinally into two moieties, each moiety being subject to a cross-easement in favor of the owner of the other moiety. Sweet.