Dormant

Sleeping; silent; not known; not acting. Dormant Judgment. One upon which itor delivers to the sheriff, with directions to levy only, and not to sell, until further orders, or until a junior execution is received. Dormant Judgment. One upon which no execution is issued until the time limited for issuing execution, as of course, has run out. Dormant Partners. 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, Partn. § 80.

Sleeping; silent; not known; not acting. One whose name and transactions as a partner are professedly concealed from the world; Mitchell v. Dall, 2 H. & G. (Md.) 159; Kelley v. Hurlburt, 5 Cow. (N. Y.) 534; Pitts v. Waugh, 4 Mass. 424; National Bank of Salem v. Thomas, 47 N. Y. 15. Coll. Partn. § 4. The term is applied, also, to titles, rights, judgments, and executions. As to the latter, see Storm v. Woods, 11 Johns. (N. Y.) 110; Kimball v. Munger, 2 Hill (N. Y.) 364.

Literally, sleeping; hence inactive; in abeyance; unknown; concealed.

— Dormant claim. One which is in abeyance.

— Dormant execution. One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, or until a junior execution is received.

— Dormant jndgment. One which has not been satisfied, nor extinguished by lapse of time, but which has remained so long unexecuted that execution cannot now be issued upon it without first reviving the judgment, or one which has lost its lien on land from the failure to issue execution on it or take other steps to enforce it within the time limited by statute. 1 Black, Judgm. (2d Ed.) § 462; Draper v. Nixon. 93 Ala. 436, 8 South. 489.

— Dormant partner. See Partners.

Sleeping; not active; not apparent; not known. Dormant partner: a partner whose name is not known or does not appear, but who partakes of the profits, and thereby becomes a partner, at all events in respect to third persons.

Sleeping: silent, unavowed, undisclosed: as, a dormant partner; secret, not of public record: as, a dormant judgment; in abeyance, suspended: as, a dormant execution. See those substantives.

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.