Plaint

In English Law. The exhibiting of any action, real or personal, in writing. The party making his plaint is called the plaintiff. PLAINTIFF (Fr. pleyntifc).

He who complains

He who, in a personal action, seeks a remedy for an injury to his rights.

3 Bla. Com. 25; Hamm. Part.; 1 Chitty, PI.; 1 Com. Dig. 3G, 205, 308.

The legal plaintiff is he in whom the legal title or cause of action is vested. The equitable plaintiff is he who, not having the legal title, yet is in equity entitled to the thing sued for. For example: when a suit is brought by B. for the use of A., B. the legal, and A. the equitable, plaintiff. This is the usual manner of bringing suits when the cause of action is not assignable at law but is so in equity. The word plaintiff occurring alone means the plaintiff on record, not the real or equitable plaintiff. After once naming the plaintiff in pleading, he may be simply called the plaintiff.

1 Chitty, PI. 2GG; Henry v. Bank, 5 mil (N. y.) 523; Stevens v. White, id. 548; 7 Term 50.