Page:Black's Law Dictionary (Second Edition).djvu/886

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


hranch of business, as distinguished from the general business of the parties or for one purticiilar venture or suhject. igeiow v. Elliot, 3 Feed. Gas. 351. Under statutes. A limited partnerehlp, (q. o.)—Subpurtriersl:iip. One formed where one partner in u firm makes a stranger a partner with blm in his share of the profits of that firm.—Univeranl partnership. One in which the partners jointly agree to contribute to the common fund of e part- nership the whole of their property, of whatever charaiter, and future, as well as present. Potli. Soriété, 29; Civ. Code La. 1900, art. J.

PARTURXTION. The act of giving birth to a child.

PARTUS. Lat Child; offspring; the child just before it is born, or immediately after its birth.

Pa:-tuii ex legitimo tlinro non certiuii noseit matrem qunm genitoram snum. Fortes. 42. The offspring of It legitimate hed knows not his mother more certainly than his father.

Par-tiis sequitur vent-rem. The offspring follous the mother; the brood of an animal belongs to the owner of the dam; the ott- spring of a slave belongs to the owner or 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. 3 , 9-1; Fortes. 42.

PARTY. A person concerned or hziviug or taking part in any attair. mutter. transaction, or proceeding, considered Individually. See Piiirrias.

The term "parties" includes all persons who are directly interested in the subject-matter in issur-, ulio have a right to make defense, control the procr:ed.ings, or appeal from the judgment. Strangeis 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. uliom a suit is brought, whether lu law or equity; the party phiintiif 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; d all others who may be aifected by the suit, indirectly or consequentially, are pereons interested, but not parties. Mu-chants‘ Bani; v. Cook, 4 Pick. 405.

—Pnrty and party. This phrase signifies the eonleiuling parties In an action; 5'. 2., the plaintiII and defendant, as distinguished from the attorney nod his client. It is used In connection with the suhject of costs, which are diiferentiy taxed between party and party and between attoniey and client. Brown.—Rea1 party. In statutes requifing suits to be hrought in the name of the “real party in interest,’ this term means the person who is actually and substantially iuteraled in the siihject-matter, as distinguished from one who has only a nominal, formal, or technieai interest in it or connection with It. Hoagland v. Van Etten, 22 Neh. 631, 35 N. W. 370: Gruber v. Baker. 20 Nev. 4:13, 23 Pac. 858, 9 L. R A. 30" Chew v..Bruui:ig-

en, 13 Wa.lL 504, 20 L. Ed.i663.-!l'h1r\i pan.


ties. A term used to include all persons who are not parties to the contract, agreement. or inatniinent of writing by which their intr-rut in

the thing conveyed is sought to be llfi(’(iPd ‘

Morrison v. Trudeau (Lu.) 1 Mart. (N. S.) 384.

PARTY, adj. Relating or belonging to. or composed of, two or more parts or portlous, or two or more persons or classes of persons —Pnrty jury. A jury do medietute l.inyu¢,' (which title see.)—Party structure is a structure separating huildings. stories, or rooms which belong to different on ners, or which are approached by distinct Slail'LaSeS or separate entrances from without, whether the some he I partition. urch, floor, or other structun-. (SL 18 & 1.‘) ‘ict. c. 122. 3.) Mozlcy G: Wl)illey. —Pa.rty-wall. A wa I huilt partly on the land of one owner, and partly on the land of another, for the common benefit of both in supporting timhers used in the construction of contiguous huildings. Brown 17. ‘Yemen 40 Md. 19. In the primary and most ordinary meaning of the term, a party-wall is (1) a wall of which the two adjoining owners are tenants in common But it may also mean (2) a wall divided longitudinally into two strips, one belonging to each of the neighboring owneis; ' a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in other to have it maintained as a dividing wail hem een the two tenements. ( the term is so used in some of the English hiiilding nct.s:) or (41 a wall divided longitiidinally into tno moiotnis. (Inch moiety being sulijuct to a cross-eusL'meut n favor of the owner of the other moiety Sweet.

PARUM. Lat. Little; but little

Pu-um cavet nature. Nature takes little heed. Vandenhenvel v. United Ins. Co.. 2 Johns. Cos. (N. Y.) 127, 166.

PARUM IJAVISSE VIDETUR. Lat. In Roman law. He seems to have taken too little care: he seems to have been incautlous, or not snfliclently upon his guard. A form of expression used by the judge or mn.‘Zlstrate in pronouncing sentence of death upon ll criminal. Festus. 325: Tayl. Civil Law, 81; 4 Bl. Comm. 362. note.

Pnrum differunt qua re concordant. 2 Bulst. 86. Thlngs which agree in sub- stance differ but little.

Paruni est latum ease Ienteritiam nisi niundetur execution-ii. It is little [or to little purpose] that judgment be given noless it be committed to execution. Co. Litt. 2S9.

Pin-um pr-oficit scire quid fie!-i debet, 51 non cognnscaa qunmodo sit fncturum. 2 Inst. 503. It profits little to know what ought to be done, if you do not know how it is to be done.

PARVA SERJ BAN TIA. Petty serjeanty. (¢1- 11-) PARVISE. An :ifternoon’s exercise or

moot for the instruction of young students. -hearing the same name originally with the

Parm's1'.a»: (little-go) of Oxford. Wharton.