Longuemare v. Nichols
City of New York Municipal Court
Question of construction submitted to the general term, in view of the dictum reported ante, 157, in reference to the non-applicability of section 572 of the Code to defeated plaintiffs.
1Opinion of the CourtMcAdam, C. J.
For the purpose of bringing an action in a court of law, the party prosecuting is, for convenience of reference, styled “plaintiff,” and . the party defending “defendant.” The terms are convertible, however, and changeable, whenever the exigencies of the case require. A few examples . will suffice. Thus the party against whom a writ of error is taken is styled “defendant in error,” although the plaintiff below. Gen. St. Mass. c. 146, § 138, providing that, if an execution has not been satisfied, the court, “upon petition of the defendant,” may order a stay, if the petitioner gives the re-*673quire…
2Cases cited1 opinion
- Leavitt v. LyonsMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Knapp v. MurphyAppellate Division of the Supreme Court of the State of New York · 1897