proper party

proper party
proper party see party 1b

Merriam-Webster’s Dictionary of Law. . 1996.

proper party
n.
A party with an interest in a lawsuit who could be joined and whose presence would help the just settlement of the matter, but without whom the lawsuit could still continue.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


proper party
A person or entity who has an interest in the subject matter of a lawsuit and, therefore, can join in the lawsuit or may be brought into the suit by one of the parties to the legal action. A proper party is distinguished from a "necessary party" who the court will order joined (brought into) the suit. Example: Marianne and Issac both use the road on Allen's property to reach their vacation cabins. Marianne brings a lawsuit to establish the right to use the road. Issac could join the lawsuit as a proper party.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

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 it was not necessary for Steel to obtain a judgment for herself.
   See also: necessary party, party

Law dictionary. . 2013.

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