party

A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually.

A "party" to an action is a person whose name is designated on record as plaintiff or defendant. M & A Elec. Power Co-op, v. True, Mo.App., 480 S.W.2d 310, 314.

Term, in general, means one having right to control proceedings, to make defense, to adduce and cross-examine witnesses, and to appeal from judgment. City of Chattanooga v. Swift, 223 Tenn. 46, 442 S.W.2d 257, 258.

"Party" is a technical word having a precise meaning in legal parlance; it refers to those by or against whom a legal suit is brought, whether in law or in equity, the party plaintiff or defendant, whether composed of one or more individuals and whether natural or legal persons; all others who may be affected by the suit, indirectly or consequently, are persons interested but not parties. Golatte v. Mathews, D.C.Ala., 394 F.Supp. 1203, 1207.

See also nominal defendant

- parties

- prevailing party.

For indispensable parties, joinder of parties, necessary parties, proper parties, see joinder

@ party aggrieved

Under statutes permitting any party aggrieved to appeal, is one whose right has been directly and injuriously affected by action of court. Singer v. Allied Factors, 216 Minn. 443, 13 N.W.2d 378, 380.

One whose pecuniary interest in subject matter of an action is directly and injuriously affected or whose right of property is either established or divested by complained of decision. Whitman v. Whitman, Okl., 397 P.2d 664, 667.

To be "party aggrieved" by judgment, appellant's interest must be immediate, pecuniary and substantial and not nominal or remote consequence of judgment. Leoke v. San Bernardino County, 249 C.A.2d 767, 57 CaLRptr. 770, 772, 773.

See also aggrieved party

@ party in interest

Primary meaning ascribed the term "party in interest" in bankruptcy cases is one whose pecuniary interest is directly affected by the bankruptcy proceeding. In re Kutner, Bkrtcy.Tex., 3 B.R. 422, 425

@ party to be charged

A phrase used in the statute of frauds, meaning the party against whom the contract is sought to be enforced. The party to be charged in the action-that is, the defendant

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- political party

- real party in interest

@ third parties

A term used to include all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected.

See also beneficiary

In civil actions, a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiffs' claim against him. A similar right is afforded to the plaintiff when a counterclaim is asserted against him. Fed.R. Civil P. 14.

See third party complaint

- third-party practice

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