defendant

A party sued in a personal action. The term does not in strictness apply to the person opposing or denying the allegations of the demandant in a real action, who is properly called the "tenant." The distinction, however, is very commonly disregarded; and the term is further frequency applied to denote the person called upon to answer, either at law or in equity, and as well in criminal as civil suits.

A party sued in a personal action. The term does not in strictness apply to the person opposing or denying the allegations of the demandant in a real action, who is properly called the tenant The distinction, however, is very commonly disregarded; and the term is further frequently applied to denote the person called upon to answer, either at law or in equity, and as well in criminal as civil suits. See Clagget v. Blanchard, 8 Dana (Ky.) 41; Schuyler County v. Mercer County, 4 Gilman (111.) 20; Almy v. Piatt, 16 Wis. 169; Leavitt v. Lyons, 118 Mass. 470; Com. v. Certain Intoxicating Liquors, 122 Mass. 8;

The person defending or denying; the party against whom relief or recovery is sought in an action or suit. Jewett Car Ch v. Kirkpatrick Co.nst Co. (C. C.) 107 Fed. 622; Brower v. Nellis, 6 Ind. App. 323, 33 N. E. 672; Tyler v. State, 63 Vt. 300, 21 Atl. 611; Insurance Co. v. Alexandre (D. O.) 16 Fed. 281. In common usage, this term is applied to the party put upon his defense, or summoned to answer a charge or complaint, in any species of action, civil or criminal, at law or in equity. Strictly, however, it does not apply to the person agninst whom a real action is brought, for in that proceeding the technical usage is to call the parties respectively the "demandant" and the "tenant."

— Defendant in error. The distinctive term appropriate to the party agninst whom a writ of error is sued out.

D«fendaunt, I fr. and eng. tion at law or a suit in equity is brought

The person defending or denying; the party against whom relief or recovery is sought in an action or suit. In common usage, this term is applied to the perty put upon his defense, or summoned to wnawera charge or complaint, in any species of actian, civil or criminal, at law or in equity. Strict-ly, however, it does not apply to the person against whom a real action is brought, for in that proceed- {ng the technical usage is to call the parties respectively the “demandant” and the “tenant.”

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.

Defendaunt. L. Fr. k Eng. [L. Lat. defendens, and sometimes defensor; L. Fr. defendour, from defendre, to deny or defend.] In pleading and practice. The party against whom an action at law or in equity is brought; the party denying, (in the ancient sense,) opposing, resisting or contesting the action. See Defend. Called in Scotch practice, the defender. Defendant, strictly, is the proper title of the party sued in a personal action; such party in a real action being termed the tenant. Termes de la ley. In modem practice, however, this distinction is, in a great degree, disregarded. See Tenant,

a party who is sued in a personal action. Vide Demandant; Parties to actions; Pursuer; and Com. Dig. Abatement, F; Action upon the case upon assumpsit, E b.