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Dormant

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Fr. & Eng. [from Fr. dormir; Lat. dormire, to sleep.] Sleeping; suspended; not active; not in exercise; out of view; not apparent; not known. A dormant partner is one whose name is not known, or does not appear as partner, but who nevertheless is a silent partner, and partakes of the profits, and thereby becomes a partner, either absolutely, to all intents and purposes, or at all events, in respect to third persons. According to Mr. Justice Story, dormant partners, in strictness of language, mean those who are merely passive in the firm, whether known or unknown, in contradistinction to those who are active and conduct the business of the firm as principals.

Story on Partn. § 80.

The term dormant is sometimes applied to an execution when it is delivered to the sheriff with directions to levy merely, and not to sell until a junior execution is received.

2 Hill (N.Y.) R. 364.

Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes sleep, never die.

2 Inst. 161.