Plaint

In EInglish law. The exhibiting of any action, real or personal, in writing. The party making his plaint is called the plaintiff.

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.

In English practice. A private memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action. A proceeding in inferior courts by which an action is commenced without original writ. 3 Bl. Comm. 373. This mode of proceeding is commonly adopted in cases of replevin. 3 Steph. Comm. 666.

In the civil law. A complaint; a form of action, particularly one for setting aside a testament alleged to be invalid. This word is the English equivalent of the Latin "querela."

In English law. A private memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action; a proceeding in inferior courts, without original writ

' A private memorial tendered in open court to the judge, veherein the party injured sets forth his cause of action. < Preserved in complaint and plaintiff.

The first process in an inferior court.

The name of the complaint in some inferior English courts. The term is not in general use in the United States, but appears in plaintiff. Plaint is, 1. The propounding or exhibiting of any action in writing. ( Cowel. ) 2. A private memorial tendered in open court to a judge, wherein the party injured sets forth his cause of action; which was done in the old county court or other local court, when the action was brought to recover a sum under forty shillings; and the judge was bound of common right to administer justice therein without any mandate from the king. The proceeding in the local court thus differed from that in the king's courts, where actions commenced by original writ. (3 BL Com. 273.) 3. The written statement of an action in the modern county court, which is entered by the plaintifE in a book kept by the registrar for the purpose. (Stat. 9 ^ 10 Vict. ch. 95, § 59; 3 Steph. Com. 288; Davis County Courts, 5th ed. 65.) Mozley Sr W.

Eng. ay is the exhibiting of any action, real or personal, in writing; the party maki his plaint is called the plaintiff.