Definition of DEFENDANT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEFENDANT
The person defending or denying; the party against whom relief or recovery is sought in an action or suit. Graham Bros. Aktiebolag v. St. Paul Fire & Marine Ins. Co., 126 Misc. 32, 212 N.Y.S. 380, 381; Atlantic Mut. Insurance Co. v. Alexandre, D.C.N.Y., 16 F. 279, 281; Siekmann v. Kern, 136 La. 1068, 68 So. 128. See, also, Ferguson v. Montgomery, 148 Ark. 83, 229 S.W. 30, 36 (election contest) ; Boyd v. Lambert, 58 Okl. 497, 160 P. 586, 587 (injunction bond) ; Alexander v. United States, C.C.A.Mo., 95 F.2d 873, 879 (joinder); Welty v. Schmutte, 128 Neb. 415, 258 N.W. 873 (mortgage foreclosure) ; Loft, Inc. v. Corn Products Refining Co., C.C.A.Ind., 103 F.2d 1, 5 (anti-trust prosecution).
Thus, railroads, on appeal by city to state district court from order of Minnesota Railroad and Warehouse Commission requiring grade separation, were held defendants entitled to remove cause to federal court. In re Chicago, M. St. P. & P. R. Co., D.C.Minn., 50 F.2d 430, 434.
In common usage, this term is applied to the party put upon his defense, or summoned to answer a charge or complaint, in any species of action, civil or criminal, at law or in equity. Strictly, however, it does not apply to the person against whom a real action is brought, for in that proceeding the technical usage is to call the parties respectively the "demandant" and the "tenant."
Defendant in error. The distinctive term appropriate to the party against whom a writ of error is sued out.
Principal defendant. One who has an interest in the controversy presented by the bill, and whose presence is requisite to the complete and partial adjudication of the controversy. Bird v. Sleppy, 265 Pa. 295, 108 A. 618, 619.
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That's the definition of DEFENDANT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
