plaintiff

Looked at as a whole, the Iowa statutes provide a process by which railroads and others may acquire land for their purposes which the owner refuses to sell. ... The intent of the railroad to get the land is the mainspring of the proceedings from beginning to end, and the persistence of that intent is the condition of their effect. ... Therefore, in a broad sense, the railroad is the plaintiff, as the institution and continuance of the proceedings depend upon its will.

He who complains. He who, in a personal action, seeks a remedy for an injury to his rights. 3 Bl. Comm. 25. In Code Practice. The person by whom a civil action is brought.

A person who brings an action; the party who complains or sues in a personal action and is so named on the record. Gulf, etc., R. Co. v. Scott (Tex. Civ. App.) 28 S. W. 458; Canaan v. Green words Turnpike Co., 1 Conn. 1.

— Plaintiff in error. The party who sues out a writ of error to review a judgment or other proceeding at law.

— Use plaintiff. One for whose use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the action would be entitled "A. B. (the assignor) for the use of C. D. (the assignee) against E. F." In this case, C. D. is called the "use plaintiff."

Originally, one who makea plaint, q. v. The party in whose favor the plaint or suitpurports, on the record, to have been instituted.5 One who complains of injury done, in court. ^ Whoever brings a suit, bill, or complaint, is e "party plaintiff," and whoever is bound to appear and defend is the party defendant,' g, v. In common-law proceedings *e speak of the actor (the party bringing suit) as " plaintiff," and in equity proceedings as "complainant," — a distinction without a difference. The terms are convertible, although, for the pm-pose of distinguishing whether the suit is at law or in equity, the different names are sometimes used. In the equity rules of the Supreme Court, the actor is always called plaintiff.^ Legal plaintifT. He in -whom the legal title or cause of action is vested, Eciuitable plaintiff. He who in equity is entitled to the thing sued for. Nominal plaintiff. One who is named as plaintiff, but yet has no interest in the controversy, having assigned his right to ^mother for whose use the action is maintained, and who is therefore the use or real plqintiff. Plaintiff in error. The party who sues out a writ of error. Called also the 'plaint- ' Porter v. Gilkey, 57 Mo. 237 (1674). ''Mann v. Morewood, 5 Sandf. 664 (1852). 8 F. pleinte; L. planctus^ lamentation, lament. < 3 Bl. Com. 273. ' Henry v. Bank of Salina, 5 Hill, 538 (1843). «3B1. Com. 25. ' Canaan v. Greenwoods Turnpike Co., 1 Conn. 9 iff above: the plaintiff in the appellate tribunal. See Actor; Appellant; Assign, 1; Call; Complainant; Libelant; Litigant; Orator; Party; Prosecutor; Relator; Suitor.

The party suing in a personal action, whose name appears on the record. The party really interested as suitor in any judicial proceeding. Equitable plaintiff: one who, althongh really interested, sues in the name of another having the legal claim. Plaintiff in error: the party who brings a writ of error. Calling the plaintiff [to hear the verdict]: v. Calling the plaintiff. Nonsuit.

The complaining party; the person bringing an action at law, or a civil action as regulated by reformed codes of procedure. When several persons join in bringing an action, each one is a plaintiff: no tendency is noticed — as in the case of party (y. ».) — to speak of several individuals as composing one plaintiff. The word is not in common use for the party bringing a suit in a court of distinct equity jurisdiction, or instituting a special statutory proceeding. As used in the English judicature act, "plaintiff" includes every person askany other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons, or otherwise. In the case of the Bank of Salina ». Henry, it was said by the supreme court of New York, that, in the legal as well as in the ordinary use of the term, no one can strictly and properly be denominated a plaintiff in an action, unless he is named as such on the record. (1 Hill, 555, 557.) But the decision in this case was reversed by the court of errors, who held that the word plaintiff extended to a party in interest as plaintiff, although not the plaintiff on the record. (5 HiU, 523-547.) BurriU. Plaintiff in error. The party aggrieved by a judgment, who sues out a writ of error to review it; the prosecutor in a writ of error.

practice, he who, in a personal action, seeks a remedy for an injury to his rights. Ham. on Parties, h. t.; 1 Chit. Pi. Index, h. t.; Chit. Pr. Index, h. t.; 1 Com. Dig. 36, 205, 308. Vide Parties to Actions.