KFLCC Kingdom Law 2nd Ed.

876

PARTITION

PARTICULAR

dispensing complete justice, unless they are be fore 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 de fendants, not because they have any real in terest ^ 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 par ties, 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 by a decree which does com plete and full justice between them; (3) in dispensable parties, who not only have an in terest 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 § ood conscience. Hicklin v. Marco, 56 Fed. 52, 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 con tract is actually made or entered into. By the term "privies," as applied to contracts, is fre quently meant those between whom the contract is mutually binding, although not literally par ties to such contract Thus, in the case of a lease, the lessor and lessee are both parties and privies, the contract being literally made be tween 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. PARTITIO. Lat In the civil law. Par tition; 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. PARTITION. 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; Hudgins v. Sansom, 72 Tex. 229, 10 S. W. 104; Weiser v. Weiser, ff Watts (Pa.) 279, 30 Am. Dec 313; Gay t»

single,) with the dates and sums. It is a spe cies of declaration, but is informal and not required to be methodical. Dixon v. Sturgeon, 6 Serg. & R. (Pa.) 28.—Particular tenant. The tenant of a particular estate. 2 Bl. Comm. 274. See ESTATE. AB to particular *'Average," "Custom," "Es tate," "Lien," "Malice," and "Partnership," see those titles. PARTICULARITY, in a pleading, affida 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 information of a defendant, the statement is called a "bill of particulars," (q. v.) —Particulars of breaches and objections. In an action brought, in England, for the in fringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (t. e., de tails) of the breaches which he complains of. Sweet.—Particulars of criminal charges. A prosecutor, when a charge is general, is fre quently ordered to give the defendant a state ment 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 doc ument called the "particulars," copies of which are distributed among intending bidders. They should fairly and accurately describe the prop erty. Dart, Vend. 113; 1 Dav. Conv. 511. 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 actively concerned in the prosecution and defense of any legal proceeding. U. S. v. Henderlong (C. 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; Hughes v. Jones, 116 N. Y. 67, 22 N. E. 446, 5 L. R. A. 637, 15 Am. St. Rep. 386. See also PABTY. In the Roman civil law, the parties were designated as "actor" and "reus." In the com mon law, they are called "plaintiff" and "defend ant ;" in real actions, "demandant" and "ten ant;" in equity, "complainant" or "plaintiff" and "defendant;" 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 proceed ings, "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 the option of the complainant. Chadbourne r. Coe, 51 Fed. 479, 2 C. C. A. 327.—Neces 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 contro versy, that no complete and effective decree can be made, disposing of the matters in issue and PARTIDA. Span. Part; a part See LAS PABTIDAS.