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)

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References in periodicals archive ?

There are no proper party offices in small cities and rural areas.

PTI: Ideology and politics

N: A proper party with all the usual flashing lights you would expect, and some very loud house and techno music

DUSKY 'til dawn; EMMA JOHNSON talks lights, lasers and running a record label with alfie granger-howell and nick harriman, aka dusky

It is not and has never been a proper party to this appeal.

US court rejects appeal as FBME was and is "a legal nullity"

However, the main challenge is to build up a proper party organization.

What happens if we all want to be national conservatives?

TUESDAY METRONOMY Joe Mount's brilliant electronic pop outfit make a welcome return to Glasgow tonight for what will a proper party at the O2 ABC.

7 NIGHTS; GOING OUT OR STAYING IN? TOP TIPS TO FILL YOUR DIARY

If the Comelec is the proper party to issue that, I dont think there's problem complying with it,' said Spokesman James Jimenez.

Comelec to list costs of Marcos poll protest before PET

4th DCA 2016), highlights the uncertainty in Florida law over the proper party to bring a cause of action for the return of assets transferred by the decedent prior to the decedent's death or inter vivos transfers.

Putting conventional probate concepts to the test: Parker v. Parker and the decedent's estate as an indispensable party

Francis Egan, chief executive officer, Cuadrilla said, "We are disappointed that Labour has reversed the positive view of shale gas it has held to date, without a proper Party debate.

'US LNG exports to Europe no match for Qatar supplies'

A packed programme of events saw Cardiff put on a proper party on Saturday, as the annual carnival snaked through crowds of happy onlookers.

WE SAY

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.

A lurch to the left will never be right

I don't remember much about the war but I do remember we had a proper party for VE Day.

VE Day: Spam and pop, as Wales partied and the jelly, flags and music, lights came back on; As the end of war in Europe was declared, communities gathered for impromptu street parties across Wales. Effigies of Hitler were burned, pianos wheeled into the streets and cupboards emptied of long-stored food. Ahead of the 70th anniversary of that momentous day, Abbie Wightwick talks to some of the partygoers

As a result, the voters who are fed up with the AKP do not have a proper party to vote for.