Page:Black's Law Dictionary (Second Edition).djvu/884

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


single,) with the dates and sums. It is s species of declaration, but is informal and not required to be rneiho 'caL Dixon v. Sturgeon, 6 Serg. & R. (Pa.) ' —Psn-tienlar tenant. The tenant of a particular esuile. 2 Bl. Comm. 274 See Esrarn.

As to particular “Ai'erage," "Custom," "Estate," “Lien," “Malice," and “Ps.i'tnershi'p," see those tltles.

PARTICULARITY, i.u a pleading, £iflida- vit, or the like, is the detailed statement of particulars

PARTICULARS. The details of a claim, or the separate items of an account, when these are stated in an orderly form, for the Lriformation of a dolcudant, the statement is calied 2: “bill of particulars," (q. 17.)

—Pa!'t:icula.ra of branches and objections. In an action l)l'0lI_'_’llt. in England, for the in- fringement of letters patent, the plnintifi‘ is bound to deliver with his declaration (now with his statement of claim) particulars (i. c.. details) of the hrcaches iihich he complains of. Sweet.-—Pnrtienlnrn of criminal charges. A prosccutor, when is charge is general, is fre- quently ordered to give the defendant a statement of the acts chnrfed, which is called, in England, the “pal-ticu ars" of the charges.- Partinnlars of sale. When property such as land, houses. shares, reversions, etc., is to he sold by auction, it is usually described in a doc- nnient C'lUk‘(‘l the “psrticulars_" copics of which are distributed among intending hirldors. They should fairly and accurately describe the rop- eity. Durt, Vend. 113; 1 Dav. Conv. ll.


Span. Part; a part. See

PARTIES. 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 acthely concerned in the prosecution and defense of any legal proceeding. U. S. v. Ht-uderlong (G. C.) 102 Fed. 2: Robbins v. Chicago, 4 Wall. 672, 18 L. Ed 427; Green v. Bogue, 158 U. S. 478, 15 Sup. Ct. 975, 39 L Ed. 1061; Hiighes v. Jones, 116 N. Y. 67, 22 N. E. 446, 5 L R. A. (337, 15 Am. St. Rep. 386. See also PARTY.

In the Roman civil law, the parties were designated as "artar" and “rcus." In the E‘)E|]- mon law, thcy are called"‘pl;iintilI" and "defend- ant;” in real actions. "ilcm.-in lint" and "Lenant:" in equity, "complainant" or "pLiintifi"' and "defendant;" in Scotch law, “pn1suer" and '‘defender:" in admiralty practice, “lib an ’ and "respondent :" in sppeuls. “a, ell-int" and ‘i-espondent," sometimes, lzunl. ' in error" and " efendnnt in error; ' in criminal proceedings, "prosecutor" and “prisonei'."

Classification. Fonrml ‘parties are those who lune no ll:|[i:l‘ESt in the conrroiersy b£‘t\H:(-!l:I the immediate litigants, but haie an interest in the subject-matter which may he conienlentl y settled in the suit, and thereby prevent further litigation; they may he made parties or not, It the option of the conipl.-iinant. (‘liadlu-airne v. Coe, 5] Fed. 479, 2 C. C. 327 —Nc¢-ca- wry parties are those parties who h.iv sui-h an interest in the siihject-matter of a suit in equity, or whose rights are so involved in the contro-

- versy, that no complete and effective decree can

be made, disposing of the matters in issue and


dispensing complete justice, unluo k s ' fore the court in them to be heard of their interests. Ill. "

(‘Ii-idhoiirnc v. Cot.-, T;nI$urrlll v. (1 - ~ I


are lliu<e who are join: d as plaimlb

fi=n(l.-ints, not hen:--ise they have any v

tercst in the SIIl.|_IEC':‘D]fll -r or htrtfl a

‘relief is (}-i‘.'IJlflll|l‘1l 1 ant theni ecziuse t c In-hnicn I of p . ' l It r.Mu'li‘lg)Q furl wr ill‘ 4

thcir presence on the record. that some courts m-ii.‘

nletc and full justice betucen :9»-cu; dispensable p'il'l:lES, who not only have an tciesl in the subject-niatter of the coun- but an iutcrest of such a nature that 21 II . decree cannot be made without either AF their interests or leaving the controwny such in condition that its final deteriulm may he wlinlly inconsistent with equiu good conscience. Ilicxlin v. Uarco, 56 -F] 552 6 \" C. A. 10, citin hiclds v. Bari-oig How. —9, 16 L In Ribun v. Ilair -. C0,, 16 \‘V1lL 4.;(), 21 L Ed 3! “WI 3 V. Banlihead, 19 Wall. Tl L. Fr], ; Kendig v. Dean. 97 U. S. 42 24 L. El. 1 ; —Parties and privies. Parties to a d or contract are those with whom the rl-and o iQ- , trsct is actually made or entered iniu L3 3‘ term “privics," as applied to contra-:11. lo hp. quently meant those beui r-en Whom me Mn is mutually binding. sltliough not ljhaullx my Lies to such contract Thus. in lhc nu: II n N the lessor and lesscc are hotl ;a1lu (1 pi ies, the contract helng litci-ally unthitwccn the mo, and also bciiy mutually hillin but, if the lessee :1 ,'n his livxur-nl to a third party, then a pti ity nrisrd I-tween an as -use and the ori.-:'in:il lcsso , 21 ion; Ill ii:-signce ls not iiternlly 21 party to the mlguul lease. Hroiin.

PARTITXO. Lat. In the civil law. Partitlun; dl\""Oll. This 1\‘0ld did not 8l\\l_\'S signify dimidiumq a dividing into hnlvu. Dig. 50, 16, 164, 1.

—Partitio legato. A (€4lt1lDl"I1tal'V rmixliim. This took place where the [("~".l”"‘ -* his will. dIl'(.'i"[ell the heir to dillih, the I nun aul deliver a dmignitcd Ilblvuln thi . _ .u a vu-nod legalee. See llackeld. tioni. Law I! ill. hf.

PARTITION. The dividing of lands Edd by joint tenants, (\.[lill'L"‘“Y'I‘S, or teizxuirl in common. into distinct portluus, M) tlml they may hold them i.u severulty. And, in s less technical sense, any division of red or personal property lJOt\TCl-‘ll co-owners or cl.‘- proprietors, hIell(l.l:1l.El v. Meacham. 91 Tenn. 532, 19 S. W. 757; 1'Iiul;rlns v. Sausoni, '2 Tex. 17.29, 10 S W. 104: Welser v. Water, I

Watts (Pa.) 279, 30 Am. Dec. 313; Gay V.