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 ?
AFTER all the heartache of losing last season's Champions League final in such agonising fashion, Andy Robertson is well prepared for a proper party this time around.
In an important and helpful recent decision that provides further certainty and clarity as to the limits of the DIFC Courts' jurisdiction, the DIFC Court of Appeal confirmed that the DIFC Courts do have 'necessary or proper party' jurisdiction.
He also noted that "the majority sanctions, in effect, the deputizing of neighbors, friends, or even near strangers as process servers, so long as these individuals were aware that they had a summons and complaint and intended to provide it to the proper party." That is inconsistent with case law holding that the Minnesota service of process rules demand strict compliance, Shepherd concluded.
(1) The case was decided on motions to dismiss with "chain of title," i.e., the argument that plaintiff Nationstar could not enforce the mortgage because it was not the proper party in interest and, thus, did not have a contract with Glass, being one of the principal defenses raised.
In their submissions, the county and NLC held that Del Monte is not necessary or proper party to the suit.
It's worth bearing in mind that we don't know if they will go on to become a proper party, although Chuka Umunna, says they want to, and then we don't know how many seats they would choose to contest.
'Not only are these allegations misplaced - as the DBM is not the proper party to address such claims - they are exaggerated and sensationalized to serve a political agenda and to destabilize the good work the DBM and the Duterte administration have done,' the DBM said.
"Not only are these allegations misplacedas the DBM is not the proper party to address such claimsthey are exaggerated and sensationalized to serve a political agenda and to destabilize the good work the DBM and the Duterte administration have done," the agency said.
"The Quayside is mega and this is going to be a proper party.
The haunted house will be decorated with all the necessities, including: bunting, banners and balloons for a proper party atmosphere.
Under Code 13.1-1020, a member of an LLC, "solely by reason of being a member, is not a proper party to a proceeding by or against a limited liability company." As a result, Matthews lacked standing to litigate a Farmville cause of action while Farmville was an active LLC.