Legal Term Dictionary

The details of a claim, or the separate items of an account. When these are stated in an orderly form, for the information of a defendant, the statement is called a "bi}l of particulars," (q, v.) -Particular of breaches and objections. In an action brought, in England, for the infringement More...

The details of a claim, or the separate items of an account. When these are stated in an orderly form, for the information of a defendant, the statement is called a "bi}l of particulars," (q, v.) -Particular of breaches and objections. In an action brought, in England, for the infringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (i. e., details) of the breaches which he complains of. Sweet.-Particulars of criminal charges. A prosecutor, when a charge is general, is frequently ordered to give the defendant a statement of the acts charged, which is called, in England, the "particulars*' of the charges.- Particulars of sale. When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a document called the "particulars," copies of which are distributed among intending bidders. They should fairly and accurately describe the property. Dart, Vend. 113; 1 Dav. Conv. 511. Less...

Span. LAS PARTIDAS.

Span. LAS PARTIDAS. Less...

The persons who take part In the performance of any act or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. U. S. v. Henderlong (C. C.) 102 Fed. 2; Bobbins v. Chicago, 4 Wall. More...

The persons who take part In the performance of any act or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. U. S. v. Henderlong (C. C.) 102 Fed. 2; Bobbins v. Chicago, 4 Wall. 672, 18 L. Ed. 427 r Green v. Bogue, 158 U. S. 478, 15 Sup. Ct. 975, 39 L. Ed. 1061; Hughes v. Jones, 116 N. Y. 67, 22 N. E. 446, 5 L. R. A. 637, 15 Am. St Rep. 386. See also FABTT. In the Roman civil law, the parties were designated as "actor" and "reus." In the common law, they are called "plaintiff" and "defend-ant^;" in real actions, 4idemandant" and "tenant;" in equity, "complainant" or "plaintiff** and "defendant ;u in Scotch law, "pursuer" and "defender;" -in admiralty practice, "libelant" and "respondent;" in appeals, "appellant" and "respondent," sometimes, "plaintiff in error" and "defendant in error; in criminal proceedings, "prosecutor" and "prisoner." Classification* Formal parties are those who have no interest in the controversy between the immediate litigants, but have an interest in the subject-matter which may be conveniently settled in the suit, and thereby prevent further litigation; they may be made parties or not, at tbe option of the complainant. Chadbourne v. Coe, 51 Fed. 479, 2 C. C. A. 327.-ATece*-sary parties are those parties who have such an interest in the subject-matter of a suit in equity, or whose rights are so involved in the controversy, that no complete and effective decree can be made, dUposing of. the matters in issue and dispensing complete justice, unlaw they are before the court in such a manner as to entitle them to be heard in vindication or protection of their interests. See Chandler v. Ward, 188 111. 322, 58 N. E. 919; Phoenix Nat. Bank v. Cleveland Co., 58 Hun, 606, 11 N. Y. Supp. 873; Chadbourne v. Coe, 51 Fed. 480, 2 C. O. A. 327; Burrill v. Garst, 19 R. I. 38. 31 Atl. 436; Castle v. Madison, 113 Wis. 346. 89 N. W. 156; Iowa County Sup'rs v. Mineral Point R. Co., 24 Wis. 132. Nominal parties are those who are joined as plaintiffs or defendants, not because they have any real interest in the subject-matter or because any relief is demanded as against them, but merely because the technical rules of pleading require their presence on the record. It should be noted that some courts make a further distinction between "necessary" parties and "indispensable*' parties. Thus, it is said that the supreme court of the United States divides parties in equity suits into three different classes: (1) Formal parties, who have no interest in the controversy between the immediate litigants, but have such an interest in the subject-matter as may be conveniently settled in the suit, and thereby prevent further litigation; (2) necessary parties, who have an interest in the controversy, but whose interests are separable from those of the parties before the court, and will not be directly affected bya decree which does complete and full justice between them; (3) in-ispensable parties, who not only have an interest in the subject-matter of the controversy, but an interest of such a nature that a final decree cannot be made without either affecting their interests or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. Hicklin v. Marco. 56 Fed. 552, 6 C. C. A. 10, citing Shields v. Barrow, 17 How. 139, 15 L. Ed. 158; Ribon v. Railroad ?Co.,. 16 Wall. 450, 21 L. Ed. 367; Williams v. Bankhead, 19 Wall. 571. 22 L. Ed. 184; Kendig v. Dean, 97 U. S. 425, 24 L. Ed. 1061. -Parties and privies. Parties to a deed or contract are those with whom the deed or contract is actually made or entered into. By the term "privies," as applied to contracts, is frequently meant those between whom the contract is mutually binding, although not literally parties to such contract. Thus, in the case of a lease, the lessor and lessee are both parties and privies, the contract being literally made between the two, and also being mutually bind' ing; but, if the lessee assign his interest to a third party, then a privity arises between the assignee and the original lessor, although such assignee is not literally a party to the original lease. Brown. Less...

Lat. In the civil law. Partition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, 1. -Partitio legata. A testamentary partition. This took place where the testator, in his will, directed the heir to divide the inheritance and deliver a designated portion thereof More...

Lat. In the civil law. Partition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, 1. -Partitio legata. A testamentary partition. This took place where the testator, in his will, directed the heir to divide the inheritance and deliver a designated portion thereof to a named legatee. See Mackeld. Rom. Law, ?| 781, 785. Less...

The dividing of lands held by Joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or co-proprietors, Meacham v. Meacham, 91 Tenn. 532, 19 S. W. More...

The dividing of lands held by Joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or co-proprietors, Meacham v. Meacham, 91 Tenn. 532, 19 S. W. 757; Hudglus v. Sansora, 72 Tex. 229, 10 S. W. 104; Welser v. Welser, 5 Watts (Pa.) 279, 30 Am. Dec 313; Gay v. Parpart 108 TJ. S. 670, 1 Sup. Ct 456, 27 L. Ed. 25a -Owelty of partition. See OWELTY. Partition, deed of. In conveyancing. A species of primary or original conveyance between two or more joint tenants, coparceners, or tenants in common, by which they divide the lands so held among them in severalty, each taking a distinct part. 2 Bl. Comm. 323, 324.-Partition of a succession. The partition of a succession is the division of the effects of which the succession is composed, among all the co-heirs, according to their respective rights. Partition is voluntary or judicial. It is voluntary when it is made among all the co-heirs present and of age, and by their mutual consent. It is judicial when it is made bv the authority of the court, and according to the formalities prescribed by law. Every partition is either definitive or provisional. Definitive partition is that which is made in a permanent and irrevocable manner. Provisional partition is that which is made provisionally, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition. Civ. Code La. art. 1293, et seq. Less...

A member of a copartnership or firm; one who has united with others to form a partnership in business. See PARTNERSHIP -Dormant partners. Those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, More...

A member of a copartnership or firm; one who has united with others to form a partnership in business. See PARTNERSHIP -Dormant partners. Those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely to all intents and purposes, or at all events in respect to third parties. 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. See Story, Partn. | 80: Rowland v. Estes, 190 Pa. Ill, 42 Atl. 528; National Bank of Salem v. Thomas, 47 N. Y. 15; Metcalf v. Officer (C. C.) 2 Fed. 640; Pooley v. Driver, 5 Ch. Div. 458; Jones v. Fegely, 4 Phila. (Pa.) 1.-Liquidating partner. The partner who, upon the dissolution or insolvency of the firm, is appointed to settle its accounts, collect assets, adjust claims, and pay debts.-Nominal partner. One whose name appears in connection with the business as a member of the firm, but who has no real interest in it-Ostensible partner. One whose name appears to the world as such, or who is held out to all persons having dealings with the firm in the character of a partner, whether or not he has any real interest in the firm. Civ. Code 1889.-Quasi partners. Partners of nds, goods, or chattels who are not actual partners are sometimes so called. Poth. de So-ciete, App. no. 184.-Silent partner, sleeping partner. Popular names for dormant partners or special partners.-Special partner. A member of a limited partnership, who furnishes certain funds to the common stock, and whose liability extends no further than the fund furnished. A partner whose responsibility is restricted to the amount of his investment. 3 Kent, Comm. 34.-Surviving partner. The partner who, on the dissolution of the firm by the death of his copartner, occupies the position of a trustee to settle up its affairs. Less...

A voluntary contract between two or more competent persons to place their monoy, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the 7 PARTNERSHIP profits and losses between them. Story, Partn. ? More...

A voluntary contract between two or more competent persons to place their monoy, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the 7 PARTNERSHIP profits and losses between them. Story, Partn. ? 2; Coliy. Partn. | 2; 3 Kent, Comm. 23. Partnership is the association of two or more persons for the purpose of carrying on business together, and dividing its profits between them. Civ. Code Cal. ? 2395. Partnership is a synallagmatic and commutative contract made between two or more persons for the mutual participation in the profits which may accrue from property, credit, skill, or Industry, furnished in determined proportions by the parties. Civ. Code La. art 2801. Partnership is where two or more persons agree to carry on any business or adventure together, upon the terms of mutual participation In its profits and losses. Mozley & Whitley. And see Macomber v. Parker, 13 Pick. (Mass.) 181; Bucknam v. Barnum, 15 Conn. 71; Farmers' Ins. Co. v. Ross, 29 Ohio St 431; In re Gibb's Estate, 157 Pa. 59, 27 Atl. 383, 22 L. R. A. 276; Wild v. Davenport, 48 N. J. Law, 129, 7 Atl. 295, 57 Am. Rep. 552; Morre v. Pacific Ry. Co., 191 111. 356, 61 N. E. 104. -General partnership. A partnership in which'the parties carry on all their trade and business, whatever it raaj* be, for the joint benefit and profit of all the parties concerned, whether the capital stock be limited or not or the contributions thereto be equal or unequal. Story, Partn. ? 74; Bigelow v. Elliot, 3 Fed. Cas. 351; Eldridge v. Troost, 3 Abb. Prac, N. S. (N. Y.) 23.-Limited partnership. A partnership consisting of one or more general partners, jointly and severally responsible as ordinary partners, and by whom the business is conducted, and one or more special partners, contributing in cash payments, a specific sum as capital to the common stock, and who are not liable for the debts of the partnership beyond the fund so contributed. 1 Rev. St. N. Y. 764. And see Moorhead v. Seymour (City Ct. N. Y.) 77 N. Y. Supp. 1054; Taylor v. Webster, 39 N. J. Law, 1(M.-Mining partnership. See MINING.-Particular partnership. One existing where the parties have united to share the benefits of a single individual transaction or enterprise. Spencer v. Jones (Tex. Civ. App.) 47 S. W. 665.-Partnership assets. Property of any kind belonging to the firm as such (not the separate property of the individual partners) and available to the recourse of the creditors of the firm in the first instance.i-Partnership at will. One designed to continue for no fixed period of time, but only during the pleasure of the parties, and which may be dissolved by any partner without previous notice.-Partnership debt. One due from the partnership or firm as such and not (primarily) from one of the individual partners.-Partnership in commandant. Partnership in commendam is formed by a contract by which one person or partnership agrees to furnish another person or partnership, a certain amount either in property or money, to be employed by the person or partnership to whom it is furnished, in his or their own name or firm, on condition of receiving a share in the profits, in the proportion determined by the contract, and of being liable to losses and expenses to the amount furnished and no more. Civ. Code La. art. 2839.-Secret partnership. One where the existence of certain persons .as partners is not avowed to the public by any of the partners. Deering v. Flanders, 49 N. H. 225.-Special partnership. At common law. One formed for the prosecution of a special. Branch of business, as distinguished from the general business of the parties, or for one particular venture or subject. Bigelow v. Elliot, 3 Fed. Gas. 351. Under statutes. A limited partnership, (q. e.)-Subpartnership. One formed where one partner in a firm makes a stranger a partner with him in his share of the profits of that firm.-Universal partnership. One in which the partners jointly agree to contribute to the common fund of the partnership the whole of their property, of whatever character, and future, as well as present. Poth. Soci"e 29; Civ. Code La. 1900, art. 2829. Less...

The act of giving birth to a child.

The act of giving birth to a child. Less...

Lat Child; offspring; the child just before it is born, or immediately after its birth. Partus car legitimo thoro non oertius noseit matrem quant genitorem suum. Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father. Partus sequitur ventrem. The offspring follows the More...

Lat Child; offspring; the child just before it is born, or immediately after its birth. Partus car legitimo thoro non oertius noseit matrem quant genitorem suum. Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father. Partus sequitur ventrem. The offspring follows the mother; the brood of an animal belongs to the owner of the dam; the offspring of a slave belongs to the owner of the mother, or follow the condition of the mother. A maxim of the civil law, which has been adopted in the law of England in regard to animals, though never allowed in the case of human beings. 2 Bl. Comm. 390, 94; Fortes. 42. Less...

A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. See PASTIES. The term "parties" includes all 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 More...

A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. See PASTIES. The term "parties" includes all 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. T'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 all others who may be affected by the suit, indirectly or consequentially, are persons interested, but not parties. Merchants' Bank v. Cook, 4 Pick. 405. -Party and party. This phrase signifies the contending parties in an action; i. e., the plaintiff and defendant as distinguished from the attorney and his client It is 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 suits 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 distinguished from one who has only a nominal, formal, 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. 453, 23 Pac. 858, 9 L. R. A. 302; Chew v. Brumag-en, IB Wall. 504, 20 L. Ed. 663.-Third par* '8 PARVISE ties. A term used to include all persons wbc 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. Less...