De`fend´ant Pronunciation: dė`fĕnd´ant
DEFENDANT. A party who is sued in a personal action. Vide Demandant; Parties
to Actions; Pursuer; and Com. Dig. Abatement, F; Action upon the case upon
assumpsit, E, b; Bouv. Inst. Index, h.t.
2. At common law a defendant cannot have judgment to recover a sum of
money of the plaintiff. But this rule is, in some cases, altered by the act
of assembly in Pennsylvania, as by the. Act of 1705, for defalcation, by
which he may sue out a sci. fac. on the record of a verdict for a sum found
in his favor. 6 Binn. Rep. 175. See Account 6.
, parties litigant