party

one who is a 'real party in interest' although not a named party to the action.

See "Parties."

See Parties.

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.

A person concerned upon one side or another in any affair, business, contract or proceeding, as vendor or vendee, bailor or bailee, obligor or obligee, grantor or grantee, mortgagor or mortgagee, lessor or lessee. A person so concerned in an action, called in the Roman law actor or reus; in the common law, plaintifif or defendant; in real actions, demandant or tenant; in equity, complainant or defendant; in Scots law, pursuer or defender; in admiralty practice, libellant or respondent; in appeals, appellant or appellee, sometimes plaintiff in error or ' defendant in error; in criminal proceedings, prosecutor or prisoner. A side or part composed of one or more individuals. Party wall: a common wall; a wall common to two adjoining estates; a wall erected on the line between two adjoining estates belonging to the owners in conimon.

Compare Charter, 1, Party. 1. One who takes part in anything; a participant in an act, contract, or suit. 3. He or they by or against whom a suit is brought, whether at law or in equity; the ' Hoyt V. Sprague, 103 V. S. 624-26 (1880), cases. Notice of dissolution reqmred, 21 Am. Law Rev. 418-30 (1887), cases; 24 Cent. Law J. 588 (1887), cases: 26 id. 567-71 (1888), cases. Leidy v. Messinger, 71 Pa. 177 (1872). ' Clarke v. Mills, 36 Kan. 397 (1887), cases. See generally 2 Bl. Com. 390; as to Indians, United States V. Sanders, 1 Hempst. 486 (l&iT); Exp. Reynolds, 5 Dill. 483 (1879); as to slaves, Andover v. Canton, 13 Mass. *551 (1816); Commonwealth v. Aves, 18 Pick. 222 (1836). 6 Funk V. Paul, 64 Wis. 39 1 (1855), cases. See sheriff's sale of "mortgaged women" (slaves), frith one child, at Natchez, Miss., in 1841, Fowler v. MerriU, 11 party plaintiff or defendant, whether composed of one or more individuals, and whether natural or legal persons.! In legal instruments and proceedings, the common meaning is legal party. Others who may be affected by the writ indirectly or consequentially are *' persons interested," not parties.* Within the rule that parties having notice of the pendency of a suit in which they are directly interested must exercise reasonable diligence in protecting their interests, " parties " includes all who are directly interested in the subject-matter, and who have a right to make defense, control the proceedings, examine and cross-examine witnesses, and appeal from the judgment. "Strangers " are such as do not possess these rights. 8 Immediate parties. To a bill of exchange, drawer and acceptor, payee and drawee. Remote parties. Payee and acceptor, indorser and acceptor. Nominal or formal party. One who has no real interest in a suit, but is joined with another or others in conformity with some rule of law or practice. Opposed, real or necessary party. See, specially, decisions on next page. Party and party. The contending parties in a suit; plaintiff and defendant, as distinguished from counsel and client. See Costs. Third party. A stranger to the act, contract, or suit in question. See Jus, Tertii. As a contract is f oimded upon consent, there must be two or more parties to it; and, unless it is created by law, they must be: of sound mind, of legal age, and under no legal disability. In equity proceedings, all persons who have a material interest in the subject of the htigation should be joined as parties, complainants or defendants.' But this rule, being founded in convenience, will yield whenever it is necessary to accomplish the ends of justice; as, where the court may proceed to a decree, and do justice to the parties before it, without injury to absent parties, equitably interested in the litigation, but who cannot conveniently be made parties.' 1 Merchants' Bank v. Cook, 4 Pick. 411 (1826), Parker, C. J.; Douglass v. Gardner, C3 Me. 484 (1874); Rupp v. Swineford, 40 Wis. 28 (1S76); Treleaven v. Dixon, 119 111. 553 (1886). ' English V. Porter, 63 N. H. 215 (1884); ib. 295. Robbins v. City of Chicago, 4 Wall. 672.(1866), Clifford, J. See also 38 Cal. 610; 87 Ind. 333; 21 Me. 482; 41 Md. 369; 74 Mo. 238; 43 N. H. 57; 51 id. 71; 62 id. 163; 66 id. 74; 17 N. J. L. 433; 64 Pa. 245; 5 Sneed, 107. * See Hoffman v. Bank of Milwaukee, 12 Wall. 191 (1870). s See Deford v. Mehaffy, 14 F. R. 181-82 (1882), cases. Mechanics' Bank v. Seton, 1 Pet. *306 (1828). J. Where the parties are numerous and the suit is for an object common to all, some of them may maintain or defend a bill in equity for all.' To a bill in equity there are three classes of parties; (1) Formal parties. (2) Persons having an interest in the controversy, and who ought to be made parties, that the court may act on the rule which requires it to finally determine the entire controversy and do complete justice, by adjusting all the rights involved in it. These are necessary parties; but if their interests are separable from those of the parties before the court, so that the court can proceed to a decree, and do complete and final justice, without affecting other parties not before the court, the latter are not Indispensable parties, (3) Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience. As to parties defendant, in particular, all whose interests will be affected by the decree sought must be before the court. If they cannot be reached by process, or do not voluntarily appear, or from a jurisdictional objection cannot be made parties, the bill must be dismissed. The exact distinction may be stated thus: (1) Where a person will be directly affected by a decree, he is an indispensable party, unless the parties are too numerous to be brought before the court, when the case is subject to a special rule. (3) When a person is interested in the controversy, but will not be dii'ectly affected by a decree made in his absence, he is not anindispensable party, but he should be made a party, if possible, and the court will not proceed to a decree without him if he can be reached. (3) Where he is not interested in the controversy between the immediate litigants, but 'has an interest in the subject-matter which may be conveniently settled in the suit, andtherdby prevent further litigation, he may be made a ' iparty or not at the option of the complainant.* But; no proceeding will prejudice a party who cannot be 'found.' See further Adjudication, Former; Aggrieved; Call, 3; Citation, 2; Contract; Deed, 3; Dependant; Joint aT) Several; Jurisdiction, 2; Notice, 3,Judi- cial; Plaintiff; Privy, 2; Trust, 1; Witness. Party- wall. See Wall.