proper party

proper party

n. a person or entity who has an interest (financial or protection of some legal rights) in the subject matter of a lawsuit and, therefore, can join in the lawsuit as he/she/it wishes, or may be brought into the suit (as an unnecessary party) by one of the parties to the legal action. However, the judgment may leave some matters undecided. A proper party is distinguished from a "necessary party" which the court will order joined in (brought into) the suit if any judgment is to be reached. Example: Marianne Steel and Isaac Iron both own lots with vacation cabins up the hill from Allen Albright's ranch, and for years both Steel and Iron have driven up an old road across Albright's property to reach their cabins. Steel brings a quiet title action against Albright to establish a "prescriptive easement" over the roadway, but Iron does not. The court rules in favor of Steel, but says nothing about Iron. In this case Iron is a "proper party," but did not choose to participate, and was not necessary for Steel to obtain a judgment for herself. (See: party, necessary party)

References in periodicals archive ?
Try a proper party like this today and you'd probably get a call from social services
It just wouldn't be Christmas without hearing the out of tune tones of our original wild music man Shane MacGowan and it wouldn't be a proper party either
Well, it's not a proper party if you don't have a drinks dispenser KILNER GLASS DRINKS DISPENSER, PS29, BHS (8L) The classic kilner, for that retro-chic look.
A packed programme of events saw Cardiff put on a proper party on Saturday, as the annual carnival snaked through crowds of happy onlookers.
But saying that Labour must not lurch any further to the left and it must become a proper party of opposition not a protest party espousing student union radicalism.
As a result, the voters who are fed up with the AKP do not have a proper party to vote for.
Any military personnel with questions about the service discounts or the vehicle upgrade program can contact the proper party at Chevrolet of Naperville by calling 855-315-0245.
In other words, no matter whether you are a contractor or an operator, the question of whether MSHA issued a citation to the proper party simply cannot be reviewed by a court.
She added that they intend to have a renewal of their marriage vows at some point in the summer and this time with their families and friends present and a proper party.
Proper party elections and audit of their accounts must be held under election commission to free them from the clutches of few families.
EBOR ANTICS J Unlike at Ascot, the ladies at York are proper party animals