Parties definition

Parties





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Party \Par"ty\ (p[aum]r"t[y^]), n.; pl. {Parties}
     (p[aum]r"t[i^]z). [F. parti and partie, fr. F. partir to
     part, divide, L. partire, partiri. See {Part}, v.]
     1. A part or portion. [Obs.] "The most party of the time."
        --Chaucer.
        [1913 Webster]


  
     2. A number of persons united in opinion or action, as
        distinguished from, or opposed to, the rest of a community
        or association; esp., one of the parts into which a people
        is divided on questions of public policy.
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              Win the noble Brutus to our party.    --Shak.
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              The peace both parties want is like to last.
                                                    --Dryden.
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     3. A part of a larger body of company; a detachment;
        especially (Mil.), a small body of troops dispatched on
        special service.
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     4. A number of persons invited to a social entertainment; a
        select company; as, a dinner party; also, the
        entertainment itself; as, to give a party.
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     5. One concerned or interested in an affair; one who takes
        part with others; a participator; as, he was a party to
        the plot; a party to the contract.
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     6. The plaintiff or the defendant in a lawsuit, whether an
        individual, a firm, or corporation; a litigant.
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              The cause of both parties shall come before the
              judges.                               --Ex. xxii. 9.
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     7. Hence, any certain person who is regarded as being opposed
        or antagonistic to another.
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              If the jury found that the party slain was of
              English race, it had been adjudged felony. --Sir J.
                                                    Davies.
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     8. Cause; side; interest.
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              Have you nothing said
              Upon this Party 'gainst the Duke of Albany? --Shak.
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     9. A person; as, he is a queer party. [Now accounted a
        vulgarism.]
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     Note: "For several generations, our ancestors largely
           employed party for person; but this use of the word,
           when it appeared to be reviving, happened to strike,
           more particularly, the fancy of the vulgar; and the
           consequence has been, that the polite have chosen to
           leave it in their undisputed possession." --Fitzed.
           Hall.
           [1913 Webster]
  
     {Party jury} (Law), a jury composed of different parties, as
        one which is half natives and half foreigners.
  
     {Party man}, a partisan. --Swift.
  
     {Party spirit}, a factious and unreasonable temper, not
        uncommonly shown by party men. --Whately.
  
     {Party verdict}, a joint verdict. --Shak.
  
     {Party wall}.
        (a) (Arch.) A wall built upon the dividing line between
            two adjoining properties, usually having half its
            thickness on each property.
        (b) (Law) A wall that separates adjoining houses, as in a
            block or row.
            [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  PARTIES, contracts. Those persons who engage themselves to do, or not to do 
  the matters and things contained in an agreement. 
       2. All persons generally can be parties to contracts, unless they labor 
  under some disability. 
       3. Consent being essential to all valid contracts, it follows that 
  persons who want, first, understanding; or secondly, freedom to exercise 
  their will, cannot be parties to contracts. Thirdly, persons who in 
  consequence of their situation are incapable to enter into some particular 
  contract. These will be separately considered. 
       4.-Sec. 1. Those persons who want understanding, are idiots and 
  lunatics; drunkards and infants, 
       5.-1. The contracts of idiots and lunatics, are riot binding; as they 
  are unable from mental infirmity, to form any accurate judgment of their 
  actions; and consequently, cannot give a serious and sufficient 
  consideration to any engagement. And although it was formerly a rule that 
  the party could not stultify himself; 39 H. VI. 42; Newl. Contr. 19 1 Fonb. 
  Eq. 46, 7; yet this rule has been so relaxed, that the defendant may now set 
  up this defence. 3 Camp. 128; 2 Atk. 412; 1 Fonb. Eq. n. d.; and see Highm. 
  on Lun. 111, 112; Long on Sales, 14; 3 Day's Rep. 90 Chit. on Contr. 29, 
  257, 8; 2 Str. 1104. 
       6.-2. A person in a state of complete intoxication has no agreeing 
  mind; Bull. N. P. 172; 3 Campb. 33; Sugd. Vend. 154 Stark. Rep. 126; and his 
  contracts are therefore void, particularly if he has been made intoxicated 
  by the other party. 1 Hen. & Munf. 69; 1 South. Rep. 361; 2 Hayw. 394; see 
  Louis. Code, art. 1781; 1 Clarke's R. 408. 
       7.-3. In general the contract of an infant, however fair and 
  conducive to his interest it may be, is not binding on him, unless the 
  supply of necessaries to him be the object of the agreement; Newl. Contr. 2; 
  1 Eq. Cas. Ab. 286; l Atk. 489; 3 Atk. 613; or unless he confirm the 
  agreement after he shall be of full age. Bac. Abr. Infancy; I 3. But he may 
  take advantage of contracts made with him, although the consideration were 
  merely the infant's promise, as in an action on mutual promises to marry. 
  Bull. N. P. 155; 2 Str. 907; 1 Marsh. (Ken.) Rep. 76; 2 M. & S. 205. See 
  Stark. Ev. pt. iv. page 724; 1 Nott & McCord, 197; 6 Cranch, 226; Com. Dig. 
  Infant; Bac. Abr. Infancy and Age; 9 Vin. Ab. 393, 4; Fonb. Eq. b. 1 c. 2; 
  Sec. 4, note b; 3 Burr. 1794; 1 Mod. 25; Str. 937; Louis. Code, article 
  1778. 
       8.-Sec. 2. Persons who have understanding, who, in law, have not 
  freedom to exercise their will, are married women; and persons under duress. 
       9.-1. A married woman has, in general, no power or capacity to 
  contract during the coverture. Com. Dig. Baron & Feme, W; Pleader, 2 A 1. 
  She has in legal contemplation no separate existence, her husband and 
  herself being in law but one person. Litt. section 28; see Chitty on Cont. 
  39, 40. But a contract made with a married woman, and for her benefit, where 
  she is the meritorious cause of action, as in the instance of an express 
  promise to the wife, in consideration of her personal labor, as that she 
  would cure a wound; Cro. Jac. 77; 2 Sid. 128; 2 Wils. 424; or of a bond or 
  promissory note, payable on the face thereof to her, or to herself and 
  husband, may be enforced by the husband and wife, though made during the 
  coverture. 2 M. & S. 396, n. b.; 2 Bl. Rep. 1236; 1 H. Black. 108. A married 
  woman has no original power or Authority by virtue of the marital tie, to 
  bind her husband by any of her contracts. The liability of a husband on his 
  wife's engagements rests on the idea that they were formed by his authority; 
  and if his assent do not appear by express evidence or by proof of 
  circumstances from which it may reasonably, be inferred, he is not liable. 1 
  Mod. 125; 3 B. & C. 631; see Chitty on Cont. 39 to 50. 
      10.-2. Contracts may be avoided on account of duress. See that word, 
  and also Poth. Obl. P. 1, c. 1, s. 1, art. 3, Sec. 2. 
      11.-Sec. 3. Trustees, executors, administrators, guardians, and all 
  other, persons who make a contract for and on behalf of others, cannot 
  become, parties to such contract on their own. account; nor are they allowed 
  in any case to purchase the trust estate for themselves. 1 Vern. 465; 2 Atk. 
  59; 10 Ves. 3; 9 Ves. 234; 12 Ves. 372, 3 Mer. Rep. 200; 6 Ves. 627; 8 Bro. 
  P. C. 42 10 Ves. 381; 5 Ves. 707; 13 Ves. 156; 1 Pet. C. C. R. 373; 3 Binn. 
  54; 2 Whart. 53; 7 Watts, 387; 13 S. & R, 210; 5 Watts, 304; 2 Bro. C. C. 
  400; White's L. C. in Eq. *104-117; 9 Paige, 238, 241, 650, 663; 1 Sandf. R. 
  251, 256; 3 Sandf. R. 61; 2 John. Ch. R. 252; 4 How. S. C. 503; 2 Whart. 53, 
  63; l5 Pick. 24, 31. As to the transactions between attorneys and others in 
  relation to client's property, see 2 Ves. jr. 201; 1 Madd. Ch. 114; 15 Ves. 
  42; 1 Ves. 379; 2 Ves. 259. The contracts of alien enemies may in, general 
  be avoided, except when made under the license of the government, either 
  express or implied. 1 Kent, Com. 104. See 15 John. 6; Dougl. 641. As to the 
  persons who make contracts in equity, see Newl. Cont. c. 1, pp. l to 33. 
  
  

















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